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
Persistent procrastination proves pricey as the Federal Court strikes EverForce’s software piracy defence
Ansys sued Everforce Energy Ltd. and its president, Raad William Barnet, in April 2022 for unauthorized use of copyright-protected software. The defendants...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
Fingolimod Settlement Agreement Begets New Disagreements
In March 2019, Novartis and Pharmascience entered into a settlement agreement giving Pharmascience a non-exhaustive license to sell its generic version of...Read More
You Can’t Lose What You Never Had: Government Can’t Expropriate Unencumbered Seismic Data Copyright That Never Existed
In Geophysical Service Inc. v. The Queen, Prothonotary Tabib of the Federal Court struck GSI’s Statement of claim. In doing so, Prothonotary...Read More
Shilajit Inventor Has No Rights To Assert After Patent Assignment
In Rowland v. Stephen, Justice Petersen struck Mr. Rowland’s statement of claim and denied his leave to amend on the basis that...Read More
Abusive Patent Infringement Claim Dismissed by Federal Court
In Mostar Directional Technologies Inc. v. Drill-Tek Corporation and Drill-Tek MWD Services Ltd., Mostar claimed patent infringement and inducement. Mostar provides drilling...Read More
Plea of Indirect Inducement Survives Motion To Strike
In Elbit Systems Electro-optics Elop Ltd. v. Selex ES Ltd., 2016 FC 1000, the Federal Court allowed part of a motion to...Read More
Apotex’ Remedial Claims Based On Pfizer’s Viagra Patent Survive Another Attack
On November 18, 2016, Justice Nordheimer of the Ontario Superior Court of Justice dismissed Pfizer’s motion for leave to appeal a decision...Read More
PATANOL Statutes of Monopolies claim struck as premature but other pleadings survive
Actavis had been named as a respondent in an application under the Patented Medicines (Notice of Compliance) Regulations in respect of two...Read More
On to the next round: Some of Apotex’s claims for being kept off the sildenafil market survive motion to strike
In Apotex Inc. v. Pfizer Ireland Pharmaceuticals et al., 2016 ONSC 4966, Pfizer was looking to strike out claims brought against it...Read More
Court Re-affirms the Importance of Affidavit Evidence on a Motion for Particulars
On April 5, 2016 Justice LeBlanc released his Order and Reasons in Stryker Corporation v. Umano Medical Inc., 2016 FC 378. The...Read More
Strong Possibility of Future Drug Patent Infringement Survives Motion to Strike
On March 21, 2016, Justice Barnes dismissed an appeal of Prothonotary Tabib’s Order that refused to strike a pleading based in quia...Read More
Federal Court of Appeal refuses Appeal of Motion to Strike Decision due to “Uncertainty” in the Case Law
On December 8, 2015, Justice Stratas of the Federal Court of Appeal released his Reasons for Judgment of the Court in Teva...Read More
Claim of Inequitable Conduct in Statement of Defence Survives Motion to Strike
The decision of Justice Locke in Alcon Canada Inc. v. Actavis Pharma Company (2015 FC 1323) permits a generic party to plead...Read More
Outside the Strike Zone: Pleading s. 8 Damages for Loss of Market Share and Sales of Other Products
In Pharmascience Inc v Pfizer Canada Inc, 2015 FC 1134, Justice Zinn of the Federal Court of Canada reversed the underlying Order...Read More
Pleading of wilful misrepresentation in prosecution history survives motion to strike
On September 17, 2014, Justice Mosley of the Federal Court of Canada allowed an appeal of an Order of Prothonotary Milczynski (see...Read More