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
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
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 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
Protective Orders Dead In Canada? – Not So Fast
Parties involved in patent litigation in the Federal Court often exchange sensitive confidential documents of an economic, scientific or technical nature as... Read More
Source Code is Relevant And Producible In Software Patent Infringement Action
Prothonotary Tabib’s recent decision in Guest Tek Interactive Entertainment v Nomadix considers a number of discovery-related issues that arose in the context... Read More
Pleading Amendments Alleging Prior Public Disclosure Refused Where Defendants Lack Material Facts
In 2015, Specialized Desanders sued Dynacorp Fabricators (now Enercorp Sand Solutions) and Progress Energy Canada for infringement of Canadian Patent No, 2,407,544... Read More
You Can’t Lose What You Never Had: Government Can’t Expropriate Unencumbered Seismic Data Copyright That Never Existed
In Geophysical Service Inc. v. The Queen, Prothonotary Tabib of the Federal Court struck GSI’s Statement of claim. In doing so, Prothonotary... Read More
Death of the Protective Order in the Federal Court of Canada?
Seedlings Life Science Ventures LLC v. Pfizer Canada Inc., 2018 FC 443 is the second decision (following Live Face on Web, LLC... Read More
Formalities for Confidentiality Orders Not Required for Trial Materials
On March 29, 2018 the Federal Court dismissed MediaTube’s motion challenging the confidentiality designations made by Bell Canada during and following the... Read More