The Requirement to Consider Fresh Evidence on Trade-Marks Appeals
Cathay Pacific Airways Limited v Air Miles International Trading B.V., 2015 FCA 253 addressed the issue of fresh evidence on appeals relating...Read More
Failure to Launch: BCCA Shuts Down Consumer Drug Patent Class Action
The British Columbia Court of Appeal recently clarified that there is no common law remedy available to consumers for breach of the Patent...Read More
Claim of Inequitable Conduct in Statement of Defence Survives Motion to Strike
The decision of Justice Locke in Alcon Canada Inc. v. Actavis Pharma Company (2015 FC 1323) permits a generic party to plead...Read More
Getting Some SWAGGER Back
In Anashara v. Swagger Publications Inc., 2015 FC 1241, the Applicant appealed the decision of the Registrar of Trade-marks’ delegate to expunge...Read More
Generics are “patentees” subject to PMPRB oversight
The recent decision of the Federal Court of Appeal in Attorney General of Canada v. Sandoz Canada Inc., and Attorney General of...Read More
Speed Queen mark suffers quick end – Trade-mark expunged on appeal
Alliance Laundry Systems LLC v Whirlpool Canada LP, 2015 FCA 232 In a decision from the bench, the Federal Court of Appeal...Read More
A Sheep In Wolf’s Clothing – Alleged Errors of Fact Should Not Be Dressed Up As Errors Of Law
The Federal Court of Appeal recently considered two competing appeals regarding patents listed on the Patent Register against Alcon’s moxifloxacin product, VIGAMOX....Read More
Court of Appeal Is Not The Place to Reargue Factual Findings
On September 16, 2015, the Federal Court of Appeal dismissed Actavis’s appeal from a judgment of the Federal Court prohibiting the Minister...Read More
Receivership Proceeding Cannot Be Passed Off As A Passing-Off Action
In Tangerine Financial Products Limited Partnerships v. The Revees Family Trust, 2015 BCCA 359, the Court of Appeal for British Columbia allowed...Read More
Prothonotary Can Require Production of Relevant Confidential Documents From a Different Action
In Eli Lilly Canada Inc. v. Teva Canada Ltd., 2015 FC 801, Justice Annis allowed Teva’s appeal in part finding that the...Read More