A slippery defendant: WhiteWater’s slides constructed outside Canada held to be non-infringing
Background ProSlide and WhiteWater are the two largest water slide companies in the world. ProSlide claimed that three of WhiteWater’s water slide...Read More
Summary trial dismissal upheld in split decision of the Federal Court of Appeal
In a split decision, the Federal Court of Appeal dismissed Mud Engineering’s appeals of the Federal Court’s decisions that neither Mud nor...Read More
Counter(defeated): Louis Vuitton awarded compensatory and punitive damages
In a recent summary trial decision of the Federal Court, Justice McHaffie found multiple defendants selling counterfeit Louis Vuitton goods liable for...Read More
FCA affirms scope of “use” required for infringement
The Federal Court of Appeal upheld a summary trial decision finding Arc Resources Ltd., Rockies LNG Limited Partnership, Rockies LNG GP Corp....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
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
False IP complainants get shrunken bank accounts
Keezio Group and The Shrunks’ Family Toy Company were market competitors who sold inflatable beds for children through Amazon.com. Keezio brought a...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
Product Monograph Carve-Outs May Not Avoid Infringement
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Apotex v Janssen, 2023 FCA 220, dismissed Apotex’s appeal...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
Janssen’s stranglehold strengthens: Evidence important in indirect infringement
Janssen scored another victory in relation to Canadian Patent No. 2,659,770 in Janssen v Apotex. Janssen sought to prevent Apotex from selling...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
Disproportional Damage Amounts Claimed are Abusive and May Cost a Claimant
In a recent patent and defamation case, the Québec Superior Court denied damages that were unsupported by evidence and which lacked a...Read More
Copyright Style Tips from the USSC: Knowledge is the New Colour
Suppose that John, seeing a flash of red in a tree, says, “There is a cardinal.” But he is wrong. The bird...Read More
Allergen’s “Food Effect” patent is valid but infringement by Apotex was not on the menu
Background Justice Kane of the Federal Court found Canadian Patent 2,602,188, listed on the Patent register for ACTONEL DR (used for...Read More
Lululemon “high quality replicas” result in a tight bind
The Federal Court reviewed first principles applicable to remedies for trademark infringement for counterfeit goods in an uncontested summary trial. The defendants...Read More
Carvedilol case keeps on ticking
In the latest development in the carvedilol skinny label odyssey, the US Court of Appeals for the Federal Circuit dismissed Teva’s petition...Read More
Prior Users’ Exception to Patent Infringement Clarified by Federal Court of Canada
In Kobold Corporation v NCS Multistage Inc., 2021 FC 1437, Justice Zinn released the first decision interpreting and applying amended section 56...Read More
CCM Scores With Obviousness Attack on Bauer’s Hockey Skate Patent
Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey), 2020 FC 624 was a patent infringement battle between two well-known skate manufacturers....Read More
Federal Court Dismisses Action for Patent Infringement by Summary Trial
In February 2018, the Plaintiffs, ViiV Healthcare Company, Shionogi & Co Ltd, and ViiV Healthcare ULC filed a lawsuit against the Defendant,...Read More
Plaintiff’s Lost Profits Relevant to Reasonable Royalty Analysis
Bauer Hockey Ltd. v. Sport Maska Inc. (c.o.b. CCM Hockey), 2020 FC 212 dealt with various motions seeking to exclude expert reports...Read More
Product Monographs Given Flexible Reading Informed by Patent Analysis
In Janssen Inc. v. Apotex Inc., 2019 FC 1355, the Federal Court granted Janssen’s application for an order prohibiting the Minister of...Read More
Bauer Hockey Helmets Avoid Infringement Injury
On May 7, 2018 the Federal Court granted MIPS action in part, findings its patent valid but not infringed by Bauer’s RE-AKT...Read More
Federal Court Holds Apotex Could Have But Would Not Have Used Non-Infringing Alternative
Apotex was held liable in 2008 for infringing ADIR’s patent by selling perindopril tables made in Canada to affiliates in the UK...Read More
Federal Court Holds Biologic Patent Valid and Infringed
In the first patent action involving biosimilars, the Federal Court held that the patent was valid and infringed. The Kennedy Trust for...Read More