FIAL’s GALPERTI trademark allowed: New evidence on appeal establishes prior use
Background FIAL Finanziaria Industrie Alto Lario SPA appealed a decision of the Trademarks Opposition Board allowing an opposition by Galperti SRL concerning...Read More
They have the power: Canadian Energy Services v Commissioner of Patents
In a recent decision, the Federal Court upheld the Commissioner of Patents’ decision to vary the Patent Office records and name Mr....Read More
Supreme Court finds Ontario mandate letters are cabinet deliberations
The majority of the Supreme Court found that mandate letters from the Ontario Premier to his cabinet were confidences and exempt from...Read More
Federal Court of Appeal Strikes Down “Test” for Patentability of Computer-Implemented Inventions
Attorney General of Canada v Benjamin Moore & Co., 2023 FCA 168 concerned the appeal of Federal Court decision 2022 FC 923....Read More
Weighing the Options: Federal Court Confirms Standard of Review for Appeals from Decisions of Registrar of Trademarks
In Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367, the Federal Court confirmed the standard of review applicable to decisions...Read More
Federal Court of Appeal: A Leaf Blower is not Enough
In this case, the Federal Court of Appeal upheld the decision of Justice Locke, who found that two patents pertaining to the...Read More
U-Box It Knocks Out U-Haul’s Confusing Trademark Applications
U Box It, a Canadian company providing garbage removal and waste management services, is the registered owner of the Canadian trademark U...Read More
New Evidence Of License Agreement Unable To Secure ASIA MILES Trade-mark Registrations
On October 12, 2016, Justice Southcott issued his Judgment and Reasons and Cathay Pacific Airways Limited v. Air Miles International Trading B.V.,...Read More
Without Early Working, Cross-Referenced Drug Submissions Need Not Address Listed Patents: Court of Appeal
On October 12, 2016 the Federal Court of Appeal released a number of judgments dealing with the circumstances in which a cross-referenced...Read More
Federal Court of Appeal Rewrites Standard of Review
Needless to say, the issue of the standard of review applicable to orders of both judges and prothonotaries has been one of...Read More
SUPERSHUTTLE Trade-mark Stops Here – Registered Services Must be Performed in Canada
In July 2014, the Trade-marks Opposition Board concluded that Supershuttle International Inc. had not used its registered trade-mark SUPERSHUTTLE in Canada. The mark...Read More
Second serving of rice affidavits insufficient to overcome AMIRA trademark refusal
The Federal Court has denied an appeal from the decision of the Trade-Marks Opposition Board refusing the application of Amira Foods (India)...Read More
Appeal dismissed from motion to compel answers from examination for discovery
In Hospira Healthcare Corporation v. The Kennedy Institute of Rheumatology, Madam Justice Kane dismissed Hospira’s appeal from Prothonotary Milczynski’s Order arising from...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
Drugs and Deference: Federal Court Confirms Reasonableness Standard for OPML’s Scientific Findings
Photocure ASA filed a new drug submission for CYSVIEW and requested that it be qualified as an “innovative drug” in order to...Read More
Court of Appeal primes Supreme Court of Canada to revisit appellate review of claim construction and prohibition against methods of medical treatment
On May 4, 2015, the Federal Court of Appeal released its Reasons for Judgment in an appeal in a prohibition application involving...Read More
Cross-referenced drug submissions must still address listed patents – Federal Court
On December 19, 2014 Justice Gleason released her Judgment and Reasons in a judicial review application brought by Pfizer seeking to quash...Read More
New Evidence Ices Diamond Trade-Mark Registration
On December 2, 2014 Justice Kane of the Federal Court of Canada overturned a decision of the Trade-Marks Opposition Board and held...Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety...Read More