Due care must be used in paying patent maintenance fees and in requesting reinstatement
In what Justice Furlanetto describes as “the first judicial review in which the “due care” provisions under subsection 46(5) of the Patent Act have been substantively...Read More
Coors toasts its victory in maintaining its trademark registrations for “The Champagne of Beers”
Background In Comité Interprofessionnel du Vin de Champagne v. Coors Brewing Company, the Federal Court dismissed the Applicants’ appeal of a decision...Read More
Supreme Court finds Ontario mandate letters are cabinet deliberations
The majority of the Supreme Court found that mandate letters from the Ontario Premier to his cabinet were confidences and exempt from...Read More
Provisional injunction granted: no “unclean hands” in royalty dispute
In Cameo Knitting v Kodiak Group Holdings (2024 QCCS 292), the Quebec Court of Appeal decided whether to issue a provisional injunction...Read More
A triumph in trademark appeal: Backordered realities
Finastra International Ltd. v Fenestrae B.V. is an appeal from a Trademark Opposition Board decision to maintain certain goods and services on...Read More
False IP complainants get shrunken bank accounts
Keezio Group and The Shrunks’ Family Toy Company were market competitors who sold inflatable beds for children through Amazon.com. Keezio brought a...Read More
Preventous et al. still unsuccessful in accessing information to support their judicial review
The Federal Court of Appeal continues to decline the efforts of three private health clinics to obtain information from Health Canada to...Read More
The Federal Court declines to order Apple to disclose the personal information of John Doe defendants who downloaded apps from the App Store
Background In Seismotech IP Holdings Inc. v. Apple Canada Inc., 2023 FC 1649, the Federal Court dismissed a motion by Seismotech for...Read More
Harley-Davidson cruises to victory in defending its trademarks
Background Harley-Davidson Motor Company, Inc. v. Montréal Production Inc., 2023 FC 1727 consisted of the appeals of decisions from the Trademarks Opposition...Read More
A tale of two DRAGONAS
This case involves two related companies that had been using the same trademark based on an informal understanding. After many years of...Read More
Admissibility of expert evidence is best left to the trial judge
McCain commenced a patent infringement action against Simplot, asserting that Simplot had infringed McCain’s 841 Patent directed to a process used for...Read More
Analysing the “Core of the invention” in overbreadth and utility
The Federal Court in NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486 considered the validity of five patents owned by the...Read More
Can a party make invalidity arguments against dropped claims?
In NCS Multistage Inc. v Kobold Corporation, 2023 FC 1486 Justice McVeigh determined whether NCS could raise invalidity arguments against non-asserted claims...Read More
Complex proceedings yield elevated lump sum costs for Kobold
Justice McVeigh recently awarded Kobold Corporation and Promac Industries Ltd. elevated lump sum costs in what may have been “the most complex...Read More
Breaking invention chains: non-final unity objections need not “force” a divisional
In NCS v Kobold, the Federal Court explained the circumstances in which a double patenting argument could apply in the context of...Read More
An inventive concept dies and becomes the “spirit of the invention”
In NCS v Kobold, the Court explained that the inventive concept of a patent is not the “spirit of the invention” as...Read More
Not Trading Places: Federal Court Clarifies the Role of the Attorney General on Judicial Review Applications
The Federal Court recently clarified the role of the Attorney General of Canada (AGC) on applications for judicial review. The AGC has...Read More
Plaintiffs that Stand Together Win Together: Entitlement to Claim Under the Patentee
Following its decision that Munchkin Inc. had infringed the Plaintiffs’ patents for diaper pails and cassettes (see 2022 FC 507), the Federal...Read More
Despite Defendants’ Arguments, Plaintiffs Entitled to Permanent Injunction for Infringement by Previous Generations of Defendants’ Products
In Angelcare Canada Inc v Munchkin, Inc, 2023 FC 1111, the Federal Court examined the plaintiffs’ entitlement to injunctive relief, entitlement to...Read More
Complex Proceedings ≠ Complex Accounting: When to Deny the Accounting of Profits Remedy
Angelcare Canada Inc. v Munchkin Inc., 2023 FC 1111 deals with the Plaintiffs’ entitlement to remedies arising from a successful patent infringement...Read More
No Entitlement to Punitive Damages for Infringing Compatible Products
Angelcare Canada Inc v Munchkin, Inc, 2023 FC 1111 deals with the Plaintiffs’ entitlement to remedies arising from a successful patent infringement...Read More
Manufacturer added as a defendant in action against end users
Ecobee, a manufacturer of smart thermostats, successfully moved to be added as a defendant to a patent infringement action by Seismotech against...Read More
Vacuum Wars and Trademark Troubles: VPC Fails to Obtain Interlocutory Injunction
In 2572495 Ontario Inc. v. Vacuum Specialists (1985) Ltd., Justice Pentney of the Federal Court dismissed a motion for an interlocutory injunction...Read More
Federal Court of Appeal Strikes Down “Test” for Patentability of Computer-Implemented Inventions
Attorney General of Canada v Benjamin Moore & Co., 2023 FCA 168 concerned the appeal of Federal Court decision 2022 FC 923....Read More
SLAPP’ed Back to Court for Letting the Links Out
The British Columbia Court of Appeal dismissed an appeal by Mr. Linkletter of his “anti-SLAAP” application to dismiss the proceedings against him...Read More