Federal Court Confirms Defendants’ Right to Challenge Non-Asserted Claims in PM(NOC) Actions
The Federal Court has recently affirmed by way of summary judgment motion that a Defendant to an action commenced under the Patented... Read More
Dishwasher Detergent Pod Case Deserves “Full Cycle” of Trial: “Express Wash” Summary Judgment Rejected by Court of Appeal
In GEMAK v Jempak, the Federal Court of Appeal set aside a decision granting summary judgment and directed that the matter proceed... Read More
In Summary, A Foreign Voluntary Dismissal is not Res Judicata
Defendant Sonos, Inc brought a summary judgment motion to dismiss Google LLC’s Canadian patent infringement action. The parties had agreed to a... Read More
Defamation Claim Fails Against Truthful Copyright Infringement Allegations Made on Social Media
In Johnson v. Rakhmanova, the Ontario Superior Court of Justice allowed a Defendant’s motion to dismiss a defamation claim on the basis that... Read More
Trademark Rights Sufficient To Support Restraint of Trade
The recent decision from the Ontario Court of Appeal in Mars Canada Inc. v. Bemco Cash & Carry upheld a settlement agreement... Read More
Judge Rejects Purported Oral Amendment of Toilet Patent Licensing Agreement
Arnold Hennessy invented “tip-tank” toilet technology, and assigned his rights in the patents and technology to Arnold Hennessy Holdings. AHH licenced the... Read More
Crown’s ownership of copyright sinks land surveyor’s class action
The Superior Court of Justice has dismissed a long-running class action by Ontario’s land surveyors against Teranet, the private company that manages... 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
A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent... Read More
Copyright suit for book never sold in Canada summarily dismissed
A recent ruling of the Ontario Superior Court is a reminder to plaintiffs that they must present more than bald allegations that... Read More
ANDA counterclaim of non-infringement not mooted by dedication of INTUNIV patent to public
On August 20, 2012, the United States District Court for the Northern District of California granted Watson and Impax’s motion for summary... Read More
Motivation to resolve enantiomers – eszoplicone (LUNESTA)
eszoplicone On May 31, 2012, Judge Dennis M. Cavanaugh denied two competing summary judgment motions in a Hatch-Waxman proceeding involving Sunovian and... Read More
Court denies all summary judgment motions in Genentech & U Penn HERCEPTIN suit
On May 14, 2012 the United States District Court for the Northern District of California dismissed a number of competing summary judgment... Read More
BONIVA dosing regimen patent held obvious in summary judgment motion
On May 7, 2012, the United States District Court for the District of New Jersey granted a summary judgment motion holding that... Read More