Biosimilars beware – Trademarks are important too!
The Federal Court of Appeal confirmed that the name BYOOVIZ (for an anti-vascular endothelial growth factor [anti-VEGF] biosimilar) infringed and passed off...Read More
Court of Appeal affirms agents and applicant must exercise due care
The Federal Court of Appeal allowed the appeal and restored the Commissioner of Patents’ decision not to reinstate Canadian Patent Application No....Read More
Refrigeration appeal gets cold shoulder from Court of Appeal
Fromfroid manufactures air conditioning and refrigeration equipment for the agri-food industry. Fromfroid owned Canadian Patent No. 2,301,753, which covered a rapid cooling...Read More
FCA upholds OSIP decision on timing of patent listing and retroactive eligibility
Bayer submitted a patent list in relation to its 315 Patent and drug submissions for its aflibercept product, EYLEA, on August 22,...Read More
DC Court of Appeal denies copyright to Thaler’s Creativity Machine
The United States Court of Appeals for District of Columbia Circuit affirmed the decision of the District Court for District of Columbia...Read More
Patented Medicine Prices Review Board “crashed through the constitutional, statutory and jurisprudential guardrails”
The Federal Court of Appeal issued strong reasons reprimanding the Patented Medicines Prices Review Board for overstepping its jurisdiction. The Court found...Read More
Federal Court of Appeal rejects motion for extension of time
The Federal Court of Appeal considered a motion seeking both an extension of time and an order varying the Court’s dismissal of...Read More
New evidence of use overturns trademark expungement
In this trademarks appeal brought pursuant to section 56 of the Trademarks Act, the Federal Court overturned a decision by the Registrar...Read More
FCA clarifies discretion to award accounting of profits
In parallel decisions, the Federal Court of Appeal dismissed Rovi’s appeals against Telus and Bell (the Telus appeal) and against Videotron (the...Read More
Summary trial dismissal upheld in split decision of the Federal Court of Appeal
In a split decision, the Federal Court of Appeal dismissed Mud Engineering’s appeals of the Federal Court’s decisions that neither Mud nor...Read More
Federal Court of Appeal cultivates high bar to disclosure in anticipation
Agracity appealed from two decisions in which the Federal Court held, inter alia, that various claims of the 021 Patent were not...Read More
New evidence on appeal demonstrates use of TRAUMEEL mark during relevant period
Background In Biologische Heilmittel Heel GmbH v. Barrette Legal Inc., the Federal Court granted an appeal pursuant to section 56 of the Trademarks...Read More
Preventous saga continued: Audit reports not “supplied” and not “confidential” under s 20(1)(b)
The Federal Court dismissed the judicial review by Preventous Collaborative Health, Provital Health and Copeman Healthcare Centre after their half-decade-long saga to...Read More
No, no, no, no, don’t PUNK with Brewdog’s Trademark
In 2024 FC 891, Justice Tsimberis dismissed PDM’s appeal of the Trademarks Opposition Board’s decision to deny PDM’s trademark (“TM”) application for...Read More
Federal Court resurrects trademark registration for Red Maple Manufacturing
Red Maple Manufacturing Inc. (RMM) successfully appealed a decision of the Trademarks Opposition Board, which amended its trademark registration to delete the...Read More
Identity of suppliers and manufacturing information protected from an ATI request
The Federal Court redetermined the judicial review by Elanco Canada Limited, which challenged Health Canada’s decision to disclose portions of Elanco’s veterinary...Read More
Preventous’ fishing expedition (v Canada): Hook, line, and sinker-but no catch
The Federal Court dismissed a Federal Courts Rule 51 appeal by Preventous Collaborative Health, which sought the production of documents from Health...Read More
Every cat has its Filadae: Panthera motorsports takes on Jaguar Land Rover and wins!
Branding is a serious business in the automotive industry. Companies go to great lengths to protect their trademarks, sometimes leading to disputes....Read More
A cautionary tale on appealing trademark oppositions: Trouble with narrowing distinctiveness grounds and website analytics
In D.M.C. SRL v Giusti, DMC appealed the Trademarks Opposition Board’s rejection of their opposition of Giusti’s trademark application no. 1,611,381. Giusti...Read More
Federal Court of Appeal upholds Federal Court’s summary trial finding of patent invalidity
Background The Federal Court of Appeal has rarely upheld or granted a finding of invalidity in the context of a summary trial;...Read More
FCA affirms scope of “use” required for infringement
The Federal Court of Appeal upheld a summary trial decision finding Arc Resources Ltd., Rockies LNG Limited Partnership, Rockies LNG GP Corp....Read More
In trademark appeal, Federal Court finds survey evidence inadmissible due to reliability and validity issues
Background In Promotion in Motion Inc. v. Hershey Chocolate & Confectionery LLC, the Federal Court dismissed an appeal brought under section 56 of...Read More
CUSMA vs Food and Drug Regulations: Federal law predominates
Justice Stratas, writing a unanimous decision for the Federal Court of Appeal in Janssen v Attorney General of Canada, 2024 FCA 66,...Read More
Federal Court of Appeal echoes the Federal Court smart speaker decision
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Google LLC v Sonos Inc., 2024 FCA 44, dismissed...Read More
Rejected allegations on insufficiency: The importance of clarity, specificity, and timeliness in amending pleadings
ProSlide Technology Inc. v WhiteWater West Industries Ltd. is an appeal of an Associate Judge’s Order denying WhiteWater’s motion to amend its...Read More