Court of Appeal affirms agents and applicant must exercise due care
The Federal Court of Appeal allowed the appeal and restored the Commissioner of Patents’ decision not to reinstate Canadian Patent Application No....Read More
Refrigeration appeal gets cold shoulder from Court of Appeal
Fromfroid manufactures air conditioning and refrigeration equipment for the agri-food industry. Fromfroid owned Canadian Patent No. 2,301,753, which covered a rapid cooling...Read More
FCA upholds OSIP decision on timing of patent listing and retroactive eligibility
Bayer submitted a patent list in relation to its 315 Patent and drug submissions for its aflibercept product, EYLEA, on August 22,...Read More
FC issues electrifying non-infringement judgment in McCain french fry case
Background McCain sued Simplot for infringing its 841 Patent, which claimed a process for treating fruits and vegetables with a high electric...Read More
Turkish television drama ends with close to $6M in copyright damages
The Federal Court awarded close to $6M in statutory damages to Yelda Haber Ve Görsel Yayincilik A.S., one of Turkey’s largest broadcasters,...Read More
From skinny to slim: Former distributor’s dishonest dealings earn interlocutory injunction
New Skinny Mixes, a US manufacturer of sugar-free coffee syrups and low-calorie cocktail mixes, secured an interlocutory injunction against its former Canadian...Read More
Inventor or DABUS-t?
According to the Commissioner of Patents, an AI system cannot be an “inventor” under the Canadian Patent Act and Rules, and therefore...Read More
Motion to add a Gillette defence: Court refuses when pleadings would conflict
The Federal Court recently dismissed a motion to amend pleadings in a patent dispute between Janssen Inc. and Pharmascience Inc. Associate Judge...Read More
Court finds eculizumab patent neither anticipated nor obvious
In the first PMNOC decision of the year, Justice Furlanetto upheld the validity of claims 1 and 2 of Alexion’s patent no....Read More
DABUS to be denied in Canada too?
On February 26, 2025, the Patent Appel Board was scheduled to hear submissions whether Canadian Patent Application No. 3,137,161 can comply with...Read More
Competition Tribunal issues reasons for its dismissal of JAMP’s anti-competition allegations against Janssen
As discussed in a previous post, the Competition Tribunal dismissed JAMP’s application against Janssen alleging abuse of dominance in relation to Stelara,...Read More
Patented Medicine Prices Review Board “crashed through the constitutional, statutory and jurisprudential guardrails”
The Federal Court of Appeal issued strong reasons reprimanding the Patented Medicines Prices Review Board for overstepping its jurisdiction. The Court found...Read More
Federal Court of Appeal rejects motion for extension of time
The Federal Court of Appeal considered a motion seeking both an extension of time and an order varying the Court’s dismissal of...Read More
New evidence of use overturns trademark expungement
In this trademarks appeal brought pursuant to section 56 of the Trademarks Act, the Federal Court overturned a decision by the Registrar...Read More
Federal Court denies amendments to copyright claim
In this copyright infringement action, GE Renewable Energy Canada Inc. (GEREC) sought to make further amendments to its Amended Statement of Claim....Read More
“Flexible set of options” in prior art not so flexible after all
In Steelhead v. Arc Resources, the Federal Court considered the validity of Canadian Patent No. 3,027,085, which related generally to a water-based...Read More
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
FC strikes notice of application for lack of standing
Background Boehringer Ingelheim markets and sells nintedanib esilate capsules in strengths of 100 mg and 150 mg under the brand name OFEV....Read More
Switching courts, not channels: MediaTube’s patent battle stalls
The Federal Court recently ordered a stay and security for costs in a prolonged patent infringement claim. In light of MediaTube’s strategy...Read More
A slippery defendant: WhiteWater’s slides constructed outside Canada held to be non-infringing
Background ProSlide and WhiteWater are the two largest water slide companies in the world. ProSlide claimed that three of WhiteWater’s water slide...Read More
FCA clarifies discretion to award accounting of profits
In parallel decisions, the Federal Court of Appeal dismissed Rovi’s appeals against Telus and Bell (the Telus appeal) and against Videotron (the...Read More
Summary trial dismissal upheld in split decision of the Federal Court of Appeal
In a split decision, the Federal Court of Appeal dismissed Mud Engineering’s appeals of the Federal Court’s decisions that neither Mud nor...Read More
JAMP files application under Competition Act alleging abuse of dominance against Janssen
JAMP recently brought an application under the Competition Act alleging abuse of dominance against Janssen in relation to Stelara, Janssen’s drug containing...Read More
Federal Court of Appeal cultivates high bar to disclosure in anticipation
Agracity appealed from two decisions in which the Federal Court held, inter alia, that various claims of the 021 Patent were not...Read More