Minor design elements will not rack the casual consumer’s brain
King Rack filed a trademark application seeking registration of its BUZZRACK design mark based on use in association with various rack-style carriers...Read More
Federal Court finds no error of law in order for production of financial statements
Background In Pharmascience Inc. v. Janssen Inc., the Federal Court dismissed an appeal of the order of the Case Management Judge compelling...Read More
Coors toasts its victory in maintaining its trademark registrations for “The Champagne of Beers”
Background In Comité Interprofessionnel du Vin de Champagne v. Coors Brewing Company, the Federal Court dismissed the Applicants’ appeal of a decision...Read More
Validity of maintenance dose patent maintained
The Federal Court of Appeal provided insight into what constitutes an unpatentable method of medical treatment in Janssen v Pharmascience, the latest...Read More
Supreme Court finds Ontario mandate letters are cabinet deliberations
The majority of the Supreme Court found that mandate letters from the Ontario Premier to his cabinet were confidences and exempt from...Read More
A triumph in trademark appeal: Backordered realities
Finastra International Ltd. v Fenestrae B.V. is an appeal from a Trademark Opposition Board decision to maintain certain goods and services on...Read More
Preventous et al. still unsuccessful in accessing information to support their judicial review
The Federal Court of Appeal continues to decline the efforts of three private health clinics to obtain information from Health Canada to...Read More
Federal Court finds US supply disruptions relevant to Apotex’s ability to supply the Canadian abiraterone market
In the context of Apotex’s section 8 action against Janssen, Janssen brought a motion under Rule 51 of the Federal Courts Rules...Read More
Abuse of process remains alive under the Regulations
The Federal Court of Appeal’s decision in Janssen v. Apotex (here) harkens back to its 2007 decision Sanofi-Aventis v Novopharm (here) and...Read More
Harley-Davidson cruises to victory in defending its trademarks
Background Harley-Davidson Motor Company, Inc. v. Montréal Production Inc., 2023 FC 1727 consisted of the appeals of decisions from the Trademarks Opposition...Read More
A tale of two DRAGONAS
This case involves two related companies that had been using the same trademark based on an informal understanding. After many years of...Read More
FCA Clarifies Threshold for Soundly Predicting Utility
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Sandoz v Janssen, 2023 FCA 221, dismissed Sandoz’s appeal...Read More
Product Monograph Carve-Outs May Not Avoid Infringement
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Apotex v Janssen, 2023 FCA 220, dismissed Apotex’s appeal...Read More
Federal Court of Appeal Strikes Down “Test” for Patentability of Computer-Implemented Inventions
Attorney General of Canada v Benjamin Moore & Co., 2023 FCA 168 concerned the appeal of Federal Court decision 2022 FC 923....Read More
FCA Confirms Obviousness of Lilly’s Tadalafil Patent
In Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, Justice St-Louis held that the asserted claims of Lilly’s Patent...Read More
SLAPP’ed Back to Court for Letting the Links Out
The British Columbia Court of Appeal dismissed an appeal by Mr. Linkletter of his “anti-SLAAP” application to dismiss the proceedings against him...Read More
FCA finds that data protection does not prevent a competing amifampridine product
The Federal Court Appeal has reversed the decision of Justice St-Louis (2022 FC 292) quashing the Minister of Health’s decision to issue...Read More
Infringers held accountable with the springboard profits and accounting for profits remedies
The SCC dismissed Nova Chemical’s appeal of Dow Chemicals’ accounting of profits and springboard profits award in an 8:1 (Côté J. dissenting)...Read More
Slips of the pen do not restore Janssen’s Zytiga Monopoly
In Janssen Inc v Apotex et al., 2022 FCA 184, the Federal Court of Appeal affirmed the invalidity of Canadian Patent No....Read More
Dishwasher Detergent Pod Case Deserves “Full Cycle” of Trial: “Express Wash” Summary Judgment Rejected by Court of Appeal
In GEMAK v Jempak, the Federal Court of Appeal set aside a decision granting summary judgment and directed that the matter proceed...Read More
One-sided assessment of prejudice undermines decision regarding amendment of trademark Statement of Opposition
In Anheuser Busch LLC v H.O.W. Medical Solutions Ltd., 2022 FC 842, Justice Walker set aside a decision by the Trademarks Opposition...Read More
Suffice it to Say, Pending Claims Are Irrelevant for Sufficiency
The Federal Court of Appeal clarified in Pharmascience v. Bristol-Myers Squibb, 2022 FCA 142, that the specification of the issued patent, not...Read More
Federal Court of Appeal Upholds Fampridine Trial Decision
Biogen appealed a decision of the Federal Court dismissing its patent infringement actions on the basis that all of the asserted claims...Read More
Is Divided Infringement on the Horizon in Canada?
In the companion decisions Rovi Guides v. Videotron, 2022 FC 981 and Rovi Guides v. Bell, 2022 FC 979, the Federal Court...Read More
Strike Two: CIPO’s Problem Has a Solution
The Canadian Intellectual Property Office has taken another hit in Benjamin Moore in which two decisions of the Commissioner of Patents rejecting...Read More