Federal Court Strikes Down Drug Pricing Amendment
In Innovative Medicines Canada v The Attorney General (Canada), the Applicants sought judicial review of the General in Council’s decision to...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
Court Says No to Reply Evidence, Yes Please to Prior Art
In another nod to the Supreme Court’s “litigation culture change” in Hryniak, the Federal Court rejected expert reports tendered in a motion...Read More
“Overpromising” following Esomeprazole SCC
In this decision, Justice Manson was called upon to decide whether certain amendments Apotex sought to make to its pleadings ought to...Read More
Hindsight Approach to Obviousness Rejected In Oilfield Patent Dispute
Justice Manson’s recent decision in Frac Shack Inc. v. AFD Petroleum Ltd., provides a framework for obviousness when dealing with a combination...Read More
Pharmascience Sleeping Like A Baby After Sublinox Patent Win
On December 9, 2016 Justice Manson released his Public Judgement and Reasons dismissing Meda’s application for a prohibition order regarding Pharmascience’s zolpidem...Read More
Hail, Caesar(stone)! TMOB’s Refusal To Consider Earlier Registration Of Related Goods Unreasonable
In Caesarstone Sdot-Yam Ltd v. Ceramiche Caesar S.P.A., Justice Manson of the Federal Court allowed part of an appeal from a Trademarks...Read More
Qualifying Read-Ins Must Be “Reasonably Connected”
In Excalibre Oil Tools Ltd. v. Advantage Products Inc., API sought an order pursuant to Rule 289 of the Federal Courts Rules ordering...Read More
Copycat Caught – Fair dealing is no defence when 100% of work is copied
On March 8, 2016, Justice Manson held that PS Knight Co Ltd infringed copyright in the Canadian Standards Association’s 2015 CSA Code....Read More
Perks are for everyone: PERKOPOLIS mark found non-infringing
In Venngo Inc. v. Concierge Connection Inc. et al., 2015 FC 1338, Justice Manson dismissed Venngo’s claim that Concierge and its directors...Read More
Minister’s Import Ban Against Apotex Enacted For Improper Purpose
On October 14, 2015, Justice Manson of the Federal Court released his judgment and reasons in Apotex’s judicial review of the Minister...Read More
No one is higher than the law – Headshop trade-mark infringer jailed for contempt
Hightimes Smoke Shop and Gifts, a headshop located in Niagara Falls, was previously ordered to pay $55,000 in damages and costs relating...Read More
Threatening sanctions without a legal basis
The Denturist Association of Canada’s (“DAC”) five digit procedure codes are licensed to its provincial associations (including the Denturist Association of Ontario...Read More