FCA clarifies discretion to award accounting of profits
In parallel decisions, the Federal Court of Appeal dismissed Rovi’s appeals against Telus and Bell (the Telus appeal) and against Videotron (the...Read More
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
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
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
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
Counter(defeated): Louis Vuitton awarded compensatory and punitive damages
In a recent summary trial decision of the Federal Court, Justice McHaffie found multiple defendants selling counterfeit Louis Vuitton goods liable for...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
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
Every cat has its Filadae: Panthera motorsports takes on Jaguar Land Rover and wins!
Branding is a serious business in the automotive industry. Companies go to great lengths to protect their trademarks, sometimes leading to disputes....Read More
They have the power: Canadian Energy Services v Commissioner of Patents
In a recent decision, the Federal Court upheld the Commissioner of Patents’ decision to vary the Patent Office records and name Mr....Read More
Patent rules and regulations amended to align with CUSMA
The proposed amendments to the Canadian Patent Rules attempt to align them with the Canada–United States–Mexico Agreement. The revisions primarily focus on implementing patent term adjustments to create remedies...Read More
A cautionary tale on appealing trademark oppositions: Trouble with narrowing distinctiveness grounds and website analytics
In D.M.C. SRL v Giusti, DMC appealed the Trademarks Opposition Board’s rejection of their opposition of Giusti’s trademark application no. 1,611,381. Giusti...Read More
An untimely discovery: A case study of Meridian Manufacturing Inc v Concept Industries Ltd
Discovery facilitates the exchange of crucial information necessary to build a case and ensure a fair resolution. In patent infringement disputes, parties...Read More