Evidence is a key ingredient in protecting your content
Content creators Shoichi (Marc) Matsumoto (known for No Recipes) and Shen (Nami) Chen (known for Just One Cookbook) claimed copyright and moral...Read More
Court finds eculizumab patent neither anticipated nor obvious
In the first PMNOC decision of the year, Justice Furlanetto upheld the validity of claims 1 and 2 of Alexion’s patent no....Read More
Boehringer v. JAMP continued: the Federal Court’s look at anticipation and sound prediction of utility
The Federal Court’s recent decision in Boehringer v JAMP, 2024 FC 1198 concerned two patents relating to nintedanib capsules (which Boehringer markets...Read More
An essential part of construction: Federal Court revisits the test for whether a claim element is essential or non-essential
Boehringer v JAMP, 2024 FC 1198 was an action under the PMNOC Regulations concerning infringement and validity of two patents relating to...Read More
A Wanakome divided: Wanakome v Martin
Overview In a recent trademark and copyright case, Wanakome Inc. filed suit against Eric and Kara Martin and their company, Park Enterprises Worldwide Inc., under subsections 7(b), (c) and...Read More
Reply evidence report allowed in part as it aids the Court in determining merit
Background In Justice Furlanetto’s recent decision in Boehringer v JAMP, the Court returned to first principles in deciding whether to allow a...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
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
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
Apotex receives divided success on its motion to amend on the eve of trial
With only a few days remaining before trial, Apotex brought a motion to amend its Further Amended Statement of Defence to include...Read More
Two-for-One Deal – A Successor Second Person Can Adopt the Original NOA
The Federal Court dismissed a judicial review by Bayer Inc. and Regeneron Pharmaceuticals, Inc. of the Minister of Health’s decision allowing Biosimilar...Read More
Federal Court’s Confusion Analysis Aligns with TMOB Despite New Evidence on Appeal
Osstemimplant applied to register the trademark MAGICALIGN for use in association with orthodontic goods. Align opposed the registration, asserting that MAGICALIGN was...Read More
Federal Court Finds a Salt Patent to be an Inventive Selection
Justice Furlanetto, in an action under the NOC Regulations, has held that Canadian Patent No. 2,529,400 (the “400 Patent”) which claimed the...Read More