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
Infringers held accountable with the springboard profits and accounting for profits remedies
The SCC dismissed Nova Chemical’s appeal of Dow Chemicals’ accounting of profits and springboard profits award in an 8:1 (Côté J. dissenting)...Read More
Slips of the pen do not restore Janssen’s Zytiga Monopoly
In Janssen Inc v Apotex et al., 2022 FCA 184, the Federal Court of Appeal affirmed the invalidity of Canadian Patent No....Read More
Suffice it to Say, Pending Claims Are Irrelevant for Sufficiency
The Federal Court of Appeal clarified in Pharmascience v. Bristol-Myers Squibb, 2022 FCA 142, that the specification of the issued patent, not...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
Federal Court clarifies test for Protective Orders with Counsel’s Eyes Only Provisions
In Del Ridge Homes Inc. v Ledgemark Homes Inc., 2022 FC 566 the Federal Court upheld Prothonotary Milczynski’s decision to dismiss Ledgemark...Read More
Weighing the Options: Federal Court Confirms Standard of Review for Appeals from Decisions of Registrar of Trademarks
In Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367, the Federal Court confirmed the standard of review applicable to decisions...Read More
Some Degree Of Expected Confusion With A Weak Trademark Not Enough To Prevent Registration
On February 5, 2018, Justice LeBlanc released his Judgment and Reasons in 2018 FC 121 involving the applicant, Assurant, Inc. and the...Read More
Venlafaxine Section 8 Damage Award Reaffirmed Upon Redetermination
Back in 2014, the Federal Court issued its judgment in Teva’s section 8 damages action in relation to the drug venlafaxine. On...Read More
Clash of the Pizzarias: Federal Court of Appeal Rejects Pizza Restaurant’s Trademark
In Pizzaiolo Restaurants Inc. v. Les Restaurants La Pizzaiolle Inc., 2016 FCA 265, the Federal Court of Appeal allowed an opposition against...Read More
Hail, Caesar(stone)! TMOB’s Refusal To Consider Earlier Registration Of Related Goods Unreasonable
In Caesarstone Sdot-Yam Ltd v. Ceramiche Caesar S.P.A., Justice Manson of the Federal Court allowed part of an appeal from a Trademarks...Read More
Cold Calls and Conflicts: Sikes v. Encana Corporation
In Sikes v Encana Corporation, Justice Bell held that Smart & Biggar should not be removed as counsel for Encana. The plaintiffs...Read More
Keep it Together: Federal Court Upholds Decision Refusing Bortezomib Bifurcation
On March 15, 2016, Justice Diner of the Federal Court released his Order and Reasons in Teva Canada Limited v. Janssen Inc.,...Read More
Half the Battle is Showing Up: Default Judgment Withstands Appeal
In David Michaels v Michaels of Canada, Justice Rennie of the Federal Court of Appeal dismissed the defendants’ appeal of the default...Read More
Federal Court cannot by its own motion punt copyright claim to more convenient forum
In Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2014 FC 1139, the Federal Court dismissed the plaintiff’s claims of copyright and...Read More
“NIC OUT” gets Kicked Out: Federal Court of Appeal upholds Trade-mark Expungement
The Federal Court of Appeal has upheld the expungement of the mark “NIC OUT” from the Register of Trademarks. Product Source International...Read More
Large security for costs upheld in Alberta multi-defendant copyright action
In Geophysical Service Incorporated v Encana Corporation, Justice Strekaf of the Court of Queen’s Bench of Alberta heard an appeal by GSI...Read More
Second serving of rice affidavits insufficient to overcome AMIRA trademark refusal
The Federal Court has denied an appeal from the decision of the Trade-Marks Opposition Board refusing the application of Amira Foods (India)...Read More
Condiment Trade-mark Rejected by the Federal Court
On January 7, 2016, Justice LeBlanc of the Federal Court released the amended judgment and reasons in Kabushiki Kaisha Mitsukan Group Honsha...Read More
Appeal dismissed from motion to compel answers from examination for discovery
In Hospira Healthcare Corporation v. The Kennedy Institute of Rheumatology, Madam Justice Kane dismissed Hospira’s appeal from Prothonotary Milczynski’s Order arising from...Read More
An Appeal is Mooted after Contested Trade-mark Application is Withdrawn
Engineers Canada, a national federation of provincial and territorial associations of professional engineers had its appeal of a decision of the Trade-marks...Read More
Court of Appeal Is Not The Place to Reargue Factual Findings
On September 16, 2015, the Federal Court of Appeal dismissed Actavis’s appeal from a judgment of the Federal Court prohibiting the Minister...Read More
Inventive concept need not be coterminous with promised utility
On July 6, 2015 the Federal Court of Appeal released it decision on AstraZeneca’s appeal of Justice Rennie’s decision holding that the...Read More