No shake down at the C-NLOPB – GSI’s seismic ATI request unsuccessful
The Federal Court affirmed the Canada-Newfoundland and Labrador Offshore Petroleum Board’s (C-NLOPB) decision not to release information to Geophysical Service Incorporated (GSI)...Read More
Competition Tribunal dismisses JAMP’s abuse of dominance application against Janssen
As discussed in a previous post, JAMP brought an application under the Competition Act seeking leave to bring an application against Janssen...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
They have the power: Canadian Energy Services v Commissioner of Patents
In a recent decision, the Federal Court upheld the Commissioner of Patents’ decision to vary the Patent Office records and name Mr....Read More
Time warp on the Patent Register: Amendments to Bayer’s aflibercept judicial review
In two judicial reviews considering when a first person’s patent is determined to be eligible for the Patent Register, and when a...Read More
Time warp on the patent register: Amendments to EMD Serono’s MAVENCLAD judicial review
This is one of two motions relating to judicial reviews that considered when a first person’s patent is eligible for listing on...Read More
Seven years of delay invites dismissal
On April 25, 2017, Vermillion filed an application seeking expungement of Green Circle’s Green Circle Salons and Design mark. Seven years later,...Read More
Assessing TM Confusion: Patients Matter
Novartis v. Biogen involves claims of trademark infringement, passing off and depreciation of goodwill and raises several interesting issues. The Applicants, Novartis...Read More
The Federal Court declines to order Apple to disclose the personal information of John Doe defendants who downloaded apps from the App Store
Background In Seismotech IP Holdings Inc. v. Apple Canada Inc., 2023 FC 1649, the Federal Court dismissed a motion by Seismotech for...Read More
Long-Term Safety Data ≠ Longer Patent List for STELARA
The Federal Court upheld a decision of the Office of Submissions and Intellectual Property that Canadian Patent No. 3,113,837 was not eligible...Read More
Federal Court’s Confusion Analysis Aligns with TMOB Despite New Evidence on Appeal
Osstemimplant applied to register the trademark MAGICALIGN for use in association with orthodontic goods. Align opposed the registration, asserting that MAGICALIGN was...Read More
Federal Court Addresses the Hallmarks of Unregistrable, Laudatory Trademarks
Rick Spagnuolo and Joseph Syposz (the “Opponents”) opposed Re/Max’s application to register “HALLMARK” in association with real estate services. The Trademarks Opposition...Read More
No Evidence of Use Puts Trademark Owner in Hot Water
APEC sold reverse osmosis drinking water filtration systems under the business name “APEC Water Systems” for over 20 years, making its first...Read More
Third Time a Charm? RUZURGI positioned to become a trilogy
The Federal Court has once again quashed the Minister of Health’s decision to issue Médunik a NOC for RUZURGI (amifampridine), for treatment...Read More
Nintendo Wins $12.7M+ Damages for Digital Lock Circumvention
On March 1, 2017, Justice Campbell released his Judgment and Reasons in Nintendo v. Go Cyber Shopping. Nintendo was wholly successful in...Read More
Microsoft Enforces Software Copyright Against Recidivist Copier: Microsoft v. Liu
In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft’s copyright in several programs and...Read More
Declaration of Patent Ownership Does Not Crystallize for SALT Canada
On July 20, 2016, Justice Boswell released his Judgment and Reasons in SALT Canada Inc. v. John W. Baker, 2016 FC 830,...Read More
Xpresspost and Registered Mail: Two Sides of the Same Coin
In Biogen v Attorney General of Canada, Justice Elliott held that use of the Xpresspost service of Canada Post constitutes delivery to...Read More
Expert blinding not determinative in ADDERALL XR prohibition application
On April 7, 2016., Justice Locke released his Judgment and Reasons in a prohibition application involving Shire, Apotex and the latter’s proposed...Read More
Federal Court allows application to correct ownership after inadvertent error in assignment of patent rights
On January 19, 2016 Justice Shore granted an application under section 52 of the Patent Act to vary all entries in the...Read More
Federal Court reaffirms disclosure requirement for sound prediction
In Eli Lilly Canada Inc v. The Minister of Health et al, 2016 FC 47, Justice Barnes dismissed Eli Lilly’s prohibition application...Read More
ABSOLUTE marks confuse absolutely
Absolute Software Corporation has operated under the trade-name ABSOLUTE SOFTWARE since 1993 and used its name as a common law mark. Since...Read More