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
Federal Court depletes AP&C’s validity arguments
Two patents relating to the processes for manufacturing reactive metal powders were found invalid for ambiguity pursuant to subsection 27(4) of the...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
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
Suffice it to Say, Pending Claims Are Irrelevant for Sufficiency
The Federal Court of Appeal clarified in Pharmascience v. Bristol-Myers Squibb, 2022 FCA 142, that the specification of the issued patent, not...Read More
Everyone Gets a Slice, But No One Controls the Milano Pizzeria Trademark
The Federal Court has expunged Milano Pizza Ltd’s Canadian Trademark Registration TMA571,114 for MILANO PIZZERIA & Design: Milano Lost Control of Its...Read More
UK Sufficiency Requires Enablement Across Substantially All of the Claimed Subject Matter
Sufficiency is a general requirement of UK patent law and under the European Patent Convention that requires the patentee to show that a...Read More
Conference call transcript sinks TRUVADA combination patent
On August 19, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 856. The case...Read More
Prohibition Order Granted Against Generic VIREAD Product
On August 23, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 857. The case...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