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 of Appeal Upholds Fampridine Trial Decision
Biogen appealed a decision of the Federal Court dismissing its patent infringement actions on the basis that all of the asserted claims...Read More
Court Of Appeal Upholds Fair Dealing Reduction in K-12 Copying Tariffs
In Access Copyright v British Columbia Ministry of Education et al, the Federal Court of Appeal identified a single reviewable error in...Read More
Sufficiency Only Requires A Description Of One Way Of Making The Inventive Product
On January 12, the Federal Court of Appeal dismissed Apotex’s appeal of Justice Barnes decision (see our previous post here) holding Canadian Patent...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
Court of Appeal Upholds Promised Utility Of Iron Chelation Patent
On September 15, 2016 the Court of Appeal dismissed Teva’s appeal Justice O’Reilly’s prohibition Order preventing the Minister of Health from approving...Read More
Well Done, not Burnt: STK Trade-Mark Maintained
In The One Group LLC v Gouverneur Inc, the Federal Court of Appeal allowed The One Group’s appeal and maintained the registration...Read More
No Changing On the Fly – Court of Appeal Dismisses Substitutive Intervention in Hockey Skate Trade-Mark Dispute
In 2011, Easton requested that the Registrar of Trade-marks issue a section 45 notice requiring Bauer to show that they had used...Read More
A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent...Read More
Its Alive! Court of Appeal resurrects clopidogrel enantiomer patent
On July 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in an appeal involving Canadian Patent No. 1,...Read More
Innovative drugs – “previously approved” does not mean “currently approved”
On February 15, 2013 the Federal Court of Appeal, in a 2:1 decision, released its Reasons or Judgment holding that Celgene’s thalidomide...Read More
Opportunity for inspection enough for anticipatory prior use – Federal Court of Appeal
On December 20, 2012 the Federal Court of Appeal, clarified what constitutes anticipatory prior use under the “new” Parent Act in Wenzel...Read More