UK Sufficiency Requires Enablement Across Substantially All of the Claimed Subject Matter
Sufficiency is a general requirement of UK patent law and under the European Patent Convention that requires the patentee to show that a... Read More
CCM Scores With Obviousness Attack on Bauer’s Hockey Skate Patent
Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey), 2020 FC 624 was a patent infringement battle between two well-known skate manufacturers.... Read More
Birds of a Feather Will Not Flock Together: Section 6.02 of PM(NOC) Regulations Prohibits Trials of Common Issues Absent Consent
The Federal Court of Appeal set aside a Federal Court order requiring a trial of common issues from two separate actions initiated... Read More
Degree of Care is a Relevant Consideration in Assessing Javelo Likelihood of Confusion
On April 20, 2020, the Federal Court of Appeal dismissed Clorox’s appeal from a decision of Justice Grammond of the Federal Court... Read More
Opting Out: Copyright Board Tariffs are not Mandatory
The Federal Court of Appeal’s decision in York University v. The Canadian Copyright Licensing Agency (Access Copyright) is a lengthy judgment with important... Read More
Weighing the Options: Federal Court Confirms Standard of Review for Appeals from Decisions of Registrar of Trademarks
In Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367, the Federal Court confirmed the standard of review applicable to decisions... Read More
Court of Appeal Dismisses Apotex’ Perindopril Non-Infringing Alternative Appeal
In Apotex Inc v ADIR, 2020 FCA 60, the Federal Court of Appeal dismissed Apotex’ appeal on its non-infringing alternative (NIA) defence... Read More
Round and Round: Ajit Trademark Litigation 10 Years In
Background Hamdard Trust and Navsun Holdings have engaged in a longstanding litigation over the use of the term “Ajit” in their trade-marks... Read More
Federal Court of Appeal: A Leaf Blower is not Enough
In this case, the Federal Court of Appeal upheld the decision of Justice Locke, who found that two patents pertaining to the... Read More
Court of Appeal dismisses Pfizer’s motion to strike PM(NOC) action as abusive
The Court of Appeal recently determined that the institution of proceedings under the “new” PM(NOC) Regulations, is not re-litigation or an abuse... Read More
Different Approaches for Assessing the Likelihood of Confusion of ZARA Word and Design Marks Held Unreasonable
Zara Natural Stones Inc. sought to register the design trademark in association with paving blocks, paving stones, and paving tiles. At the... Read More
No Rubber Stamp of Appeals by the Federal Court of Appeal
The Federal Court of Appeal recently confirmed it is not prepared to rubber stamp unopposed appeals, or appeals on consent without having... Read More
Protective Orders Dead In Canada? – Not So Fast
Parties involved in patent litigation in the Federal Court often exchange sensitive confidential documents of an economic, scientific or technical nature as... Read More
Pleading Amendments Alleging Prior Public Disclosure Refused Where Defendants Lack Material Facts
In 2015, Specialized Desanders sued Dynacorp Fabricators (now Enercorp Sand Solutions) and Progress Energy Canada for infringement of Canadian Patent No, 2,407,544... Read More
Anticipated Appeals Cannot Be United
In Cooperstock v. United Airlines, Inc., the Court of Appeal held that an appeal can be stayed or consolidated with related appeals... Read More
Supreme Court of Canada Refuses to Hear Mining Patent Obviousness Appeal
On June 14, 2018, the Supreme Court of Canada dismissed Ciba’s application for leave to appeal the decision of the Federal Court... Read More
Pipefill sales recoverable under section 8 – Federal Court of Appeal
In its judgment dated February 22, 2018, the Federal Court of Appeal dismissed Eli Lilly’s appeal from the judgment of Justice O’Reilly... Read More
Patent Infringers Cannot Elect Patentee’s Remedy
The Federal Court of Appeal dismissed Apotex’ appeal from a decision in which Apotex sought to elect the remedy that Bayer was... Read More
Court of Appeal Jettisons Uncertain “Inventive Concept” in Obviousness Analysis
The Federal Court of Appeal released its decision in the appeal from the successful patent impeachment action by SNF challenging the validity... Read More
Subject Matter Of A Compound Claim Cannot Be Expanded Beyond What It States – FCA
On September 18, 2017, the Federal Court of Appeal released its decision in BMS’ appeal of a decision dismissing its prohibition application... Read More
U-Box It Knocks Out U-Haul’s Confusing Trademark Applications
U Box It, a Canadian company providing garbage removal and waste management services, is the registered owner of the Canadian trademark U... Read More
Vacated injunction And Anton Piller Order Resurrected Pending Appeal in Kodi Add-On Copyright Case
In the continuing saga between broadcasters and set-top boxes, the Federal Court of Appeal handed a group of Canadian broadcasters a temporary... Read More
Court of Appeal Reaffirms Filing Date As Relevant Date for Assessing Sufficiency of Disclosure
On July 24, 2017, the Federal Court of Appeal released its Reasons for Judgement in Idenix’s appeal involving the drug sofobuvir, the... Read More
Supreme Court Breaks The “Promise Doctrine” In NEXIUM Patent Dispute
On June 30, 2017, the Supreme Court of Canada released its judgment in AstraZeneca v. Apotex, a case dealing with the utility... Read More
Supreme Court upholds worldwide injunction against Google
In Google v. Equustek, the Supreme Court of Canada today upheld a worldwide interlocutory injunction requiring Google to delist certain webpages from its... Read More