The Second Person’s Burdens (with apologies to Rudyard Kipling)
On January 9, 2015, the Federal Court of Appeal released Reasons for Judgment dismissing an appeal brought by Merck and BMS from...Read More
Duelling dentists: to invalidate a trade-mark you need evidence
Ocean Park is a neighbourhood in South Surrey, British Columbia. Dr. Cragg’s business had used the trade-name “Ocean Park Dental Centre” in...Read More
Proper date for assessing double patenting is the priority date of the earlier patent – Federal Court
On January 7, 2015, Justice De Montigny released the public Judgment and Reasons in a prohibition application under the Patented Medicines (Notice of...Read More
Injunction denied for failing to identify misused confidential information
In JTT Electronics Ltd. v. Farmer, the plaintiffs sought interlocutory injunctions to prohibit former employees from using their confidential information. The application...Read More
Lights Out: Interlocutory Injunction Forces Neon Sign Company to Change Name
On November 17, 2014, Justice Macintosh of the Supreme Court of British Columbia granted an interlocutory injunction that prevents the Defendants from...Read More
New Evidence Ices Diamond Trade-Mark Registration
On December 2, 2014 Justice Kane of the Federal Court of Canada overturned a decision of the Trade-Marks Opposition Board and held...Read More
“If I Can’t Have it, No One Can” Argument Raised Too Late
On October 14, 2014, Justice Mactavish of the Federal Court of Canada dismissed an application for judicial review of a Trademarks Opposition...Read More
A Light at the End of the Tunnel: Apotex Entitled to Damages for Non-Canadian Reference Product Test Case
On November 18, 2014, Justice Hughes of the Federal Court of Canada found the Crown liable in tort for damages to Apotex...Read More
That is Going to Cost You: Willful Infringement of Trade-mark and failure to participate in Court proceeding results in cost sanctions
On October 24, 2014, Justice Noël of the Federal Court, released the Reasons for Judgment on a motion for default judgment in...Read More
Threatening sanctions without a legal basis
The Denturist Association of Canada’s (“DAC”) five digit procedure codes are licensed to its provincial associations (including the Denturist Association of Ontario...Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety...Read More
Relief or Relapse? Federal Court of Appeal orders re-trial of STELARA infringement case
The Federal Court of Appeal has remitted the infringement and validity action regarding AbbVie’s Canadian Patent No. 2,365,281 and Janssen’s drug STELARA...Read More
A Promise Made…A Promise Kept: Federal Court of Appeal rejects claims that the Celecoxib patent lacks utility
On October 30, 2014, Justice Noël of the Federal Court of Appeal, released the Reasons for Judgment in Apotex Inc. v. Pfizer...Read More
Apotex barred from raising validity issues during assessment of damages
On September 16, 2014 Prothonotary Lafrenière dismissed Apotex’s motion for leave to file an amended Responding Statement of Issues. Apotex sought to...Read More
Three strikes and you’re out? – Federal Court confirms subway TV patent is obvious
The Commissioner of Patents has thrice considered Patent Application No. 2,286,794 for the invention entitled “Subway TV Media System”. The patent application...Read More
Forgetting Someone? Court of Appeal orders Hospira to add Sanofi to oxaliplatin judicial review
On September 9, 2014, Justice Gauthier of the Federal Court of Appeal, released the Reasons for Judgment in Hospira Healthcare Corporation v....Read More
SPIRIT BEAR Official Mark Goes Into Hibernation
On September 24, 2014, Justice Martineau of the Federal Court of Canada found that official marks for SPIRIT BEAR were unenforceable. Official...Read More
Court Dismisses Alcon’s prohibition application against generic TRAVATAN-Z
On August 11, 2014, Justice Kane dismissed Alcon’s prohibition application against Apotex in respect of Apotex’s version of the Alcon’s TRAVATAN-Z and...Read More
Expert evidence of imaginative skilled person rejected
On September 5, 2014, Justice O’Keefe released his Reasons for Judgment in a patent infringement action between Dow Chemical and Nova Chemicals...Read More
Cancel the Date: Federal Court Vacates Novel Bifurcation for Section 8 Start Date
On September 15, 2014 Prothonotary Aalto granted Pfizer’s motion to amend its pleadings and in doing so vacated a bifurcation order that...Read More
Court denies self-represented litigant leave to adduce new evidence of trade-mark use on appeal
Medos Services Corporation, its principal Alexander Vlasseros, and a related corporation, Marathon Medical Inc., appealed the judgment of the Federal Court that...Read More
Pleading of wilful misrepresentation in prosecution history survives motion to strike
On September 17, 2014, Justice Mosley of the Federal Court of Canada allowed an appeal of an Order of Prothonotary Milczynski (see...Read More
Janssen prima facie in contempt of STELARA injunction
After finding that Janssen’s STELARA products infringed AbbVie’s (formerly Abbott) Canadian Patent No. 2,365,281 (see here), Justice Hughes subsequently granted a permanent...Read More
Not defining skilled person in NOA insufficient to reverse order of evidence
On September 19, 2014, Prothonotary Milczynski dismissed Bristol-Myers Squibb’s motion for a partial reversal of the order of evidence in a prohibition...Read More
Suggesting desired features is not inventive – Federal Court of Canada
On September 16, 2014, Justice O’Keefe dismissed an application under Section 52 of the Patent Act seeking to amend the named inventors...Read More