Akebia’s “Zombie Motion” is Put to Rest
In FibroGen, Inc. v. Akebia Therapeutics, Inc., Justice Rennie allowed FibroGen’s appeal from an order requiring that FibroGen file certain fact witness...Read More
An Illuminating Decision on Induced Infringement from the Federal Circuit
Background The Court of Appeals for the Federal Circuit reversed the District Court of Delaware’s decision holding Roche Diagnostics Corporation induced infringement...Read More
A fair trial, not a perfect trial: SCC provides guidance on the limits of judicial intervention during a cross-examination
A majority of the SCC has affirmed a decision that a trial judge’s rulings curtailing lines of questioning in a cross-examination in...Read More
When the Prior Art Just Gels: Motivation to Combine and a Reasonable Expectation of Success at the Federal Circuit
The Federal Circuit affirmed a USPTO inter partes review decision finding claims 1-8 of Almirall LLC’s US Patent No. 9,517,219 invalid for...Read More
Copyright Style Tips from the USSC: Knowledge is the New Colour
Suppose that John, seeing a flash of red in a tree, says, “There is a cardinal.” But he is wrong. The bird...Read More
Carvedilol case keeps on ticking
In the latest development in the carvedilol skinny label odyssey, the US Court of Appeals for the Federal Circuit dismissed Teva’s petition...Read More
Federal Circuit Applies On-Sale Bar to Offer for Sale of Catheter Introducer
The United States Court of Appeals for the Federal Circuit has reversed the decision of the US District Court for the Eastern...Read More
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