The Puck Drops Here: A Dynamic Site-Blocking Order Granted for the NHL Playoffs
In Rogers Media Inc., nine television networks who hold copyright in NHL games have successfully obtained a “dynamic” site-blocking order against unidentified... Read More
Janssen tightens its grip on treatment for vasoconstrictive diseases
In Janssen v Sandoz, the Federal Court held that Canadian Patent No. 2,659,770 was valid and would be infringed by Sandoz’s proposed... Read More
Lump Sum Costs? Ça “Dépens”!
Justice Grammond awarded Vidéotron Ltée and Groupe TVA inc. costs according to the Tariff after their success in 2022 CF 256, finding... 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 clarifies test for Protective Orders with Counsel’s Eyes Only Provisions
In Del Ridge Homes Inc. v Ledgemark Homes Inc., 2022 FC 566 the Federal Court upheld Prothonotary Milczynski’s decision to dismiss Ledgemark... Read More
Federal Court Finds a Salt Patent to be an Inventive Selection
Justice Furlanetto, in an action under the NOC Regulations, has held that Canadian Patent No. 2,529,400 (the “400 Patent”) which claimed the... Read More
Disproportional Damage Amounts Claimed are Abusive and May Cost a Claimant
In a recent patent and defamation case, the Québec Superior Court denied damages that were unsupported by evidence and which lacked a... Read More
BC Civil Resolution Tribunal Restates the Ingredients of a Binding Settlement Agreement
Background In the underlying dispute, Ehsan Haji Mahdizadeh Zargar alleged that the City of Vancouver infringed his copyright in 2 photographs by... Read More
Everyone Gets a Slice, But No One Controls the Milano Pizzeria Trademark
The Federal Court has expunged Milano Pizza Ltd’s Canadian Trademark Registration TMA571,114 for MILANO PIZZERIA & Design: Milano Lost Control of Its... Read More
Federal Court Clarifies Law on Arbitration Clauses
In General Entertainment and Music Inc. v. Gold Line Telemanagement Inc., 2022 FC 418, the Federal Court clarified the legal test applicable... 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
The Price of Contempt
In August 2018, Justice Patillo granted summary judgment (see here) permitting recognition and enforcement in Ontario of US judgments against the defendants,... 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
Concession Counters Apple’s Bifurcation Motion in Battle over Standards Essential Patent
Wi-Lan sued Apple, and sought an injunction, claiming that several Apple products which comply with the 4G and 5G standards necessarily infringe... 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
Action against whistle-tweeting – not a SLAPP says Court
In Proctorio, Incorporated v Linkletter, 2022 BCSC 400, the Supreme Court of British Columbia dismissed an application under s 4 of the... Read More
Fingolimod Settlement Agreement Begets New Disagreements
In March 2019, Novartis and Pharmascience entered into a settlement agreement giving Pharmascience a non-exhaustive license to sell its generic version of... 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
In Summary, A Foreign Voluntary Dismissal is not Res Judicata
Defendant Sonos, Inc brought a summary judgment motion to dismiss Google LLC’s Canadian patent infringement action. The parties had agreed to a... Read More
Allergen’s “Food Effect” patent is valid but infringement by Apotex was not on the menu
Background Justice Kane of the Federal Court found Canadian Patent 2,602,188, listed on the Patent register for ACTONEL DR (used for... Read More
Trademark Must-Haves: Clean Underwear and Supporting Evidence
Fruit of the Loom successfully appealed a decision from the Registrar of Trademarks finding no likelihood of confusion between its registered mark,... Read More
Lululemon “high quality replicas” result in a tight bind
The Federal Court reviewed first principles applicable to remedies for trademark infringement for counterfeit goods in an uncontested summary trial. The defendants... Read More
Prior Users’ Exception to Patent Infringement Clarified by Federal Court of Canada
In Kobold Corporation v NCS Multistage Inc., 2021 FC 1437, Justice Zinn released the first decision interpreting and applying amended section 56... Read More
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