Erectile Dysfunction Patent Comes Up Short: Tadalafil Patent Claims Found To Be Old and Obvious
On September 10, 2020, the Federal Court released its public Judgement and Reasons holding that all asserted asserted claims of Canadian Patent... Read More
Federal Court Strikes Down Drug Pricing Amendment
In Innovative Medicines Canada v The Attorney General (Canada), the Applicants sought judicial review of the General in Council’s decision to... Read More
An Expiring Patent Will Get Its Day in Court under Section 6 of the PM(NOC) Regulations
Should an action under section 6(1) of the Patented Medicines (Notice of Compliance) Regulations be rendered moot if the asserted patent will... 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
Walking Speed Claims Held Obvious In First Pharmaceutical Patent “Common Issues” Validity Trial
On May 15, 2020, the Federal Court issued its first decision in a “common issues trial” under the new Patented Medicines (Notice... 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
Federal Court Dismisses Action for Patent Infringement by Summary Trial
In February 2018, the Plaintiffs, ViiV Healthcare Company, Shionogi & Co Ltd, and ViiV Healthcare ULC filed a lawsuit against the Defendant,... 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
Joint Business Ventures do not Equate to Shared Ownership of IP
Corey Bessner Consulting Inc. (c.o.b. Core Consultants Realty) v. Core Consultants Realty Inc., 2020 FC 224 dealt with a soured business relationship... Read More
Plaintiff’s Lost Profits Relevant to Reasonable Royalty Analysis
Bauer Hockey Ltd. v. Sport Maska Inc. (c.o.b. CCM Hockey), 2020 FC 212 dealt with various motions seeking to exclude expert reports... Read More
Use of Copyrighted Materials in Market Research is not Fair Dealing
Stross v. Trend Hunter Inc., 2020 FC 201 was a simplified action dealing with copyright infringement and fair dealing. The Plaintiff, Alexander... Read More
Patentee may file its own reply in PM(NOC) action
In August 2019, Allergan commenced an action under section 6(1) of the PM(NOC) Regulations against Apotex and HRA Pharma in which it... 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
Pass the Scalpel: “Surgical” Reply Report Responding to New Evidence Held Admissible
On the eve of trial, the Federal Court accepted filing of a reply report responding to new evidence but did not allow... 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
Product Monographs Given Flexible Reading Informed by Patent Analysis
In Janssen Inc. v. Apotex Inc., 2019 FC 1355, the Federal Court granted Janssen’s application for an order prohibiting the Minister of... Read More
Court Says No to Reply Evidence, Yes Please to Prior Art
In another nod to the Supreme Court’s “litigation culture change” in Hryniak, the Federal Court rejected expert reports tendered in a motion... 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
Happenstance Prior Art Disclosure Of Claim Element Insufficient To Support Obviousness
This judgment was made following the hearing of an application under the PM(NOC) Regulations involving Valeant’s Glumetza™, a proprietary formulation of metformin... 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
Degree of Resemblance the Overriding Consideration in Confusion Analysis
Background YM registered the CABIN FEVER & Design mark in 2017 in association with various clothing items. Roots sought to strike out... Read More
Recognizing the High Cost of Litigation: Federal Court Awards 50% of Actual Legal Costs
The Federal Court has traditionally calculated costs awards using the amounts specified in Tariff B of the Federal Courts Rules. There has,... Read More