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
Storm in a teacup: Guangzhou Wanglaoji Grand Health Co, Ltd v Multi Access Ltd
In a recent case before the Federal Court, Guangzhou Wanglaoji Grand Health Co. appealed seven decisions by the Registrar of Trademarks to...Read More
Reply evidence allowed under reserve of objection in Louis Dreyfus Company and CN Railway dispute
In Justice Diner’s decision in Louis Dreyfus Company v CN Railway Company, LDC was granted permission to file its reply evidence. The...Read More
FIAL’s GALPERTI trademark allowed: New evidence on appeal establishes prior use
Background FIAL Finanziaria Industrie Alto Lario SPA appealed a decision of the Trademarks Opposition Board allowing an opposition by Galperti SRL concerning...Read More
Letters of request for inventors premature and trial date set
Background Samsung brought this motion for letters of request to be sent to the United States to compel the discovery of inventors...Read More
Persistent procrastination proves pricey as the Federal Court strikes EverForce’s software piracy defence
Ansys sued Everforce Energy Ltd. and its president, Raad William Barnet, in April 2022 for unauthorized use of copyright-protected software. The defendants...Read More
New evidence on appeal demonstrates use of TRAUMEEL mark during relevant period
Background In Biologische Heilmittel Heel GmbH v. Barrette Legal Inc., the Federal Court granted an appeal pursuant to section 56 of the Trademarks...Read More
Boehringer v. JAMP continued: the Federal Court’s look at anticipation and sound prediction of utility
The Federal Court’s recent decision in Boehringer v JAMP, 2024 FC 1198 concerned two patents relating to nintedanib capsules (which Boehringer markets...Read More
An essential part of construction: Federal Court revisits the test for whether a claim element is essential or non-essential
Boehringer v JAMP, 2024 FC 1198 was an action under the PMNOC Regulations concerning infringement and validity of two patents relating to...Read More
Preventous saga continued: Audit reports not “supplied” and not “confidential” under s 20(1)(b)
The Federal Court dismissed the judicial review by Preventous Collaborative Health, Provital Health and Copeman Healthcare Centre after their half-decade-long saga to...Read More
Exception to payment clause applies in settlement agreement for valacyclovir
The case surrounds an agreement made following a 2009 dispute over GSK’s product Valtrex (valacyclovir hydrochloride). In 2008, Health Canada approved Pharmascience...Read More
Information in the redacted acknowledgment is not confidential
In a motion related to Apotex’s generic cladribine submission, EMD Serono seeks a declaration that a redacted version of the Acknowledgement and...Read More
Edmonton property sale washes away patent rights
An interesting question arose in a recent case before the Alberta King’s Bench Court: Can a patent holder prevent the sale of...Read More
Federal Court depletes AP&C’s validity arguments
Two patents relating to the processes for manufacturing reactive metal powders were found invalid for ambiguity pursuant to subsection 27(4) of the...Read More
Letter rogatory for US patent infringement case not enforced for previous patent owners
A letter of request (a.k.a. letter rogatory) is a request by a foreign Court seeking the assistance of a Canadian court to...Read More
Battery battle: Duracell’s good faith sparks win over legal costs
Energizer and Gillette (Duracell) could not settle on costs following a decision of the Federal Court. Although Energizer was awarded an injunction...Read More
Federal Court invalidates patent based on counsel’s admission of invalidity before Québec court
Background In Robitaille Equipment et al. v. 9125-6651 Quebec Inc. et al., the Federal Court decided a motion for summary judgment concerning...Read More
Court declines to dismiss action for undue delay but requires security for costs
Background The underlying action for copyright infringement in Comartin v. Marsh was commenced in November 2020. The action stalled after the exchange...Read More
No, no, no, no, don’t PUNK with Brewdog’s Trademark
In 2024 FC 891, Justice Tsimberis dismissed PDM’s appeal of the Trademarks Opposition Board’s decision to deny PDM’s trademark (“TM”) application for...Read More
Federal Court refuses Adeia’s pleadings amendment
The Federal Court refused a motion to amend a pleading in a patent infringement action by Adeia (formerly Rovi) for the operation...Read More
Federal Court resurrects trademark registration for Red Maple Manufacturing
Red Maple Manufacturing Inc. (RMM) successfully appealed a decision of the Trademarks Opposition Board, which amended its trademark registration to delete the...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
Preventous’ fishing expedition (v Canada): Hook, line, and sinker-but no catch
The Federal Court dismissed a Federal Courts Rule 51 appeal by Preventous Collaborative Health, which sought the production of documents from Health...Read More