Not A Wet Eye In The Court: TearLab Appeal Dismissed
In TearLab v I-MED, the Federal Court of Appeal dismissed TearLab’s appeal of Justice Manson’s dismissal of its motion for an interlocutory...Read More
Does Double Patenting Have A Relevant date? Perhaps
In Apotex Inc. v Eli Lilly Canada Inc., the Federal Court of Appeal dismissed Apotex’s appeal of the Federal Court decision that...Read More
Trial Judges Entitled To Some “Leeway” On Construction
On September 6, 2016, the Court of Appeal dismissed Nova Chemicals Corporations appeal from a judgment finding its SURPASS product infringes Canadian...Read More
Failure to Disclose Public Servant Status Will Not Void a Patent
On February 5, 2016 Justice Boivin (writing on behalf of the Court of Appeal) released the reasons for judgment in Brown v....Read More
Federal Court of Appeal Affirms Dismissal of Prohibition Application for Mylan’s Tadalafil
In February 2015, the Federal Court dismissed Eli Lilly’s application for an order prohibiting Mylan Pharmaceuticals from receiving a Notice of Compliance...Read More
A Perk for PERKOPOLIS: Limits of Non-Statutory Trademark Invalidity
In Concierge Connection Inc v. Venngo Inc, 2015 FCA 215, the Federal Court of Appeal allowed Concierge’s appeal, with reasons delivered from...Read More
Just Right: Non-Infringing alternative Relevant in Calculating Damages for Patent Infringement
In Apotex Inc. v. Merck & Co., 2015 FCA 171, the Federal Court of Appeal held that when calculating damages for patent...Read More
A Sheep In Wolf’s Clothing – Alleged Errors of Fact Should Not Be Dressed Up As Errors Of Law
The Federal Court of Appeal recently considered two competing appeals regarding patents listed on the Patent Register against Alcon’s moxifloxacin product, VIGAMOX....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
Patent listing under 4(2)(b) – perfect match not required
In Eli Lilly Canada Inc v Attorney General of Canada, 2015 FCA 166, Justice Nadon allowed an appeal from Justice Bédard affirming...Read More
Sound Prediction: Self-evident Elements Need Not Be Explicitly Disclosed
On June 3, 2015, the Federal Court of Appeal held that elements that would be self-evident to the skilled person need not...Read More
Relief or Relapse? Federal Court of Appeal orders re-trial of STELARA infringement case
The Federal Court of Appeal has remitted the infringement and validity action regarding AbbVie’s Canadian Patent No. 2,365,281 and Janssen’s drug STELARA...Read More