Overbreadth is in the Eye of the Beholder – The Federal Court’s Overbreadth Analysis in Rovi #2
As reported in our recent post here, the Federal Court invalidated the claims of four patents asserted by Rovi Guides, Inc. and... Read More
Norwich Orders are not a Second Stab at Discovery
In the context of Worthware’s action against Raysoft for inducing patent infringement, Worthware brought a motion for a Norwich Order under Rules... Read More
Dishwasher Detergent Pod Case Deserves “Full Cycle” of Trial: “Express Wash” Summary Judgment Rejected by Court of Appeal
In GEMAK v Jempak, the Federal Court of Appeal set aside a decision granting summary judgment and directed that the matter proceed... Read More
Is Divided Infringement on the Horizon in Canada?
In the companion decisions Rovi Guides v. Videotron, 2022 FC 981 and Rovi Guides v. Bell, 2022 FC 979, the Federal Court... Read More
Janssen’s stranglehold strengthens: Evidence important in indirect infringement
Janssen scored another victory in relation to Canadian Patent No. 2,659,770 in Janssen v Apotex. Janssen sought to prevent Apotex from selling... Read More
Janssen tightens its grip on treatment for vasoconstrictive diseases
In Janssen v Sandoz, the Federal Court held that Canadian Patent No. 2,659,770 was valid and would be infringed by Sandoz’s proposed... Read More
Disproportional Damage Amounts Claimed are Abusive and May Cost a Claimant
In a recent patent and defamation case, the Québec Superior Court denied damages that were unsupported by evidence and which lacked a... Read More
An Illuminating Decision on Induced Infringement from the Federal Circuit
Background The Court of Appeals for the Federal Circuit reversed the District Court of Delaware’s decision holding Roche Diagnostics Corporation induced infringement... Read More
In Summary, A Foreign Voluntary Dismissal is not Res Judicata
Defendant Sonos, Inc brought a summary judgment motion to dismiss Google LLC’s Canadian patent infringement action. The parties had agreed to a... Read More
Federal Circuit Applies On-Sale Bar to Offer for Sale of Catheter Introducer
The United States Court of Appeals for the Federal Circuit has reversed the decision of the US District Court for the Eastern... Read More
Prior Users’ Exception to Patent Infringement Clarified by Federal Court of Canada
In Kobold Corporation v NCS Multistage Inc., 2021 FC 1437, Justice Zinn released the first decision interpreting and applying amended section 56... Read More
Federal Court Dismisses Action for Patent Infringement by Summary Trial
In February 2018, the Plaintiffs, ViiV Healthcare Company, Shionogi & Co Ltd, and ViiV Healthcare ULC filed a lawsuit against the Defendant,... Read More
Court of Appeal Dismisses Apotex’ Perindopril Non-Infringing Alternative Appeal
In Apotex Inc v ADIR, 2020 FCA 60, the Federal Court of Appeal dismissed Apotex’ appeal on its non-infringing alternative (NIA) defence... Read More
Plaintiff’s Lost Profits Relevant to Reasonable Royalty Analysis
Bauer Hockey Ltd. v. Sport Maska Inc. (c.o.b. CCM Hockey), 2020 FC 212 dealt with various motions seeking to exclude expert reports... 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
Google’s Speculative and Excessive $1.5M Security for Costs Request Dismissed
Paid Search Engine Tools, a corporation normally resident outside Canada, is the owner of Canadian Patent No. 2,415,167 entitled “Paid Search Engine Bid... Read More
Bauer Hockey Helmets Avoid Infringement Injury
On May 7, 2018 the Federal Court granted MIPS action in part, findings its patent valid but not infringed by Bauer’s RE-AKT... Read More
Problem Gaming Patent Lacks Scintilla Of Utility
On May 25th, 2018 the Federal Court of Canada released its decision in Safe Gaming System Inc v. Atlantic Lottery Corporation involving... Read More
For Your (and In-House Counsel’s) Eyes Only: Court Clarifies Scope Of “Counsel’s Eyes Only” Disclosure Designation
In Angelcare v Munchkin, Justice Roussel of the Federal Court affirmed a decision allowing in-house counsel to access the “Counsel’s Eyes Only”... Read More
Federal Court Holds Apotex Could Have But Would Not Have Used Non-Infringing Alternative
Apotex was held liable in 2008 for infringing ADIR’s patent by selling perindopril tables made in Canada to affiliates in the UK... Read More
Federal Court Holds Biologic Patent Valid and Infringed
In the first patent action involving biosimilars, the Federal Court held that the patent was valid and infringed. The Kennedy Trust for... Read More
Patent Infringers Cannot Elect Patentee’s Remedy
The Federal Court of Appeal dismissed Apotex’ appeal from a decision in which Apotex sought to elect the remedy that Bayer was... Read More
Shilajit Inventor Has No Rights To Assert After Patent Assignment
In Rowland v. Stephen, Justice Petersen struck Mr. Rowland’s statement of claim and denied his leave to amend on the basis that... Read More
Triple Multiplier Applied to Lump Sum Tariff Award to Dow in Patent Infringement Action against Nova
On August 8, 2017, Justice Fothergill issued his Order and Reasons awarding Dow lump sum costs in excess of $4.3 million dollars... Read More
Should I Stay Or Should I Go? Federal Court Stays Re-Examination In Light Of Invalidity Action
On October 6, 2016, Justice Roy granted Camso’s motion to stay the re-examination of Camso’s 562 Patent until final judgment is rendered... Read More