Fears and Tears Insufficient to Warrant Interim Injunction
On March 24, 2016, Justice Russell dismissed TearLab’s motion for an interim injunction that sought to prevent I-Med Pharma Inc. from marketing... Read More
Quebec Court Shines Light on LED Trade-mark Ownership
In 6766285 Canada Inc c. 2900319 Canada Inc., 2015 QCCS 5143, Justice Courchesne of the Quebec Superior Court held that Divvali was... Read More
Fight Over Factums: Ontario Divisional Court Grants Leave to Appeal From Decision Refusing to Approve a Class Action Settlement
In Waldman v. Thomson Reuters Canada Limited, 2015 ONSC 3843, Justice Swinton of the Ontario Divisional Court granted leave to appeal an... Read More
University Professor Unable to Rely on Copyright Fair Use in Plagiarism Suspension
On July 15, 2015, Justice Bich of the Quebec Court of Appeal released her judgment in Syndicat des professeures et professeurs de... Read More
Objections without merit: Federal Court takes stance against “under advisements”
In MediaTube v Bell, an action alleging infringement of the plaintiffs’ patent by Bell’s Fibe TV systems, discovery of the plaintiffs entailed... Read More
Cleaning Up the Waste: Federal Court Invalidates Patent for Treating Waste Material from Mining Operations
On August 24, 2015, Justice Phelan held that Canadian Patent No. 2,515,581 is invalid for obviousness (2015 FC 997). This action involved... Read More
Receivership Proceeding Cannot Be Passed Off As A Passing-Off Action
In Tangerine Financial Products Limited Partnerships v. The Revees Family Trust, 2015 BCCA 359, the Court of Appeal for British Columbia allowed... 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
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
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
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
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
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
Receiver in Bankruptcy Permitted to Sell Trademarked Goods Despite Opposition from Trademark Owner
On August 25, 2014, Justice Gouin of the Quebec Superior Court released his Reasons for Judgment in 185107 Canada Inc. (Groupe de... Read More
Punitive damages for infringing (but never sold) helicopter landing gear upheld on appeal
On September 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in Bell Helicopter Textron Canada Limitée v. Eurocopter... Read More
Oil well spill tray patents not infringed, one invalid – Federal Court
On June 7, 2013, Justice Barnes issued his Reasons for Judgment in a patent infringement action between Zero Spill Systems and Rat Plastic... Read More
Opportunity for inspection enough for anticipatory prior use – Federal Court of Appeal
On December 20, 2012 the Federal Court of Appeal, clarified what constitutes anticipatory prior use under the “new” Parent Act in Wenzel... Read More
Third time’s a charm? Court of Appeal again remits Weatherford’s induced infringement claim
On October 17, 2012, the Federal Court of Appeal issues it’s Reason for Judgment in Corlac Inc. et al v. Weatherford Canada... Read More