Rejected allegations on insufficiency: The importance of clarity, specificity, and timeliness in amending pleadings
ProSlide Technology Inc. v WhiteWater West Industries Ltd. is an appeal of an Associate Judge’s Order denying WhiteWater’s motion to amend its...Read More
A bittersweet default judgment for Honey
The Federal Court granted default judgment in favour of Heather McDowell, owner of Toronto-based fashion boutique Honey, against the online boutique “A...Read More
Exchanging documents before discovery: A simplified procedure
In Rosebrook v Hill Times Publishing Inc., the Federal Court addressed whether a plaintiff (“Rosebrook”) is required to serve the defendant (“Canadian...Read More
Minor design elements will not rack the casual consumer’s brain
King Rack filed a trademark application seeking registration of its BUZZRACK design mark based on use in association with various rack-style carriers...Read More
Federal Court finds no error of law in order for production of financial statements
Background In Pharmascience Inc. v. Janssen Inc., the Federal Court dismissed an appeal of the order of the Case Management Judge compelling...Read More
Canadian Copyright Act draws the line between Rio Tinto and foreign author
GE commenced a copyright infringement action against Canmec, asserting ownership of copyright in 33 manufacturing drawings relating to butterfly valves. GE claimed...Read More
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
A one-two pulse for Takeda’s dexlansoprazole patent found not infringed and invalid
The Federal Court found Takeda’s Canadian Patent No. 2,570,916 to be invalid for lack of utility and sufficient disclosure and to be...Read More
Takeda’s dexlansoprazole patent found invalid for lack of sound prediction of utility and for insufficiency
Background The drug DEXILANT is used to treat heartburn associated with gastroesophageal reflux disease and to heal damage to the esophagus from...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
PMPRB prevails in obtaining financial disclosure
Justice Fothergill dismissed Galderma’s judicial review application of the Patented Medicine Prices Review Board’s redetermination decision concluding Galderma’s Patent pertained to its...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
Federal Court finds US supply disruptions relevant to Apotex’s ability to supply the Canadian abiraterone market
In the context of Apotex’s section 8 action against Janssen, Janssen brought a motion under Rule 51 of the Federal Courts Rules...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
Allergan’s eyedrop patent withstands the Federal Court’s gaze
Allergan commenced a patent infringement action against Juno, alleging that Juno’s proposed bimatoprost product would infringe claims 16 and 19 of Allergan’s...Read More
Dedicating a patent can block a double patenting argument
Justice McVeigh has added new considerations when considering a double patenting argument in AbbVie v JAMP Pharma, 2023 FC 1520. The double-patenting...Read More
Permanent injunction declined in spite of infringement
Justice McVeigh’s recent decision in AbbVie Corporation v JAMP Pharma is noteworthy because it is one of the few cases to refuse...Read More
Anticipation test takes the middle ground
Justice McVeigh’s recent decision has addressed an area of debate within the jurisprudence and academic commentary regarding the proper legal test for...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
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