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
Counter(defeated): Louis Vuitton awarded compensatory and punitive damages
In a recent summary trial decision of the Federal Court, Justice McHaffie found multiple defendants selling counterfeit Louis Vuitton goods liable for...Read More
Federal Court of Appeal upholds Federal Court’s summary trial finding of patent invalidity
Background The Federal Court of Appeal has rarely upheld or granted a finding of invalidity in the context of a summary trial;...Read More
Third Time’s a Charm: Tadalafil Use Patent Invalidated in Summary Trial
Canadian Patent No. 2,226,784 is generally directed to a pharmaceutical composition containing tadalafil or its physiologically acceptable salts or solvates for the...Read More
Burden on summary trial can shift, and both parties come up short on ownership
In Mud Engineering Inc. v Secure Energy (Drilling Services) Inc., 2022 FC 943, Justice St-Louis dismissed a motion for summary trial and...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
A Quick Proceeding for Quick Couplers – Summary Trial Finding of Patent Non-infringement
On October 6, 2016, Justice Southcott dismissed Cascade’s patent infringement action against Kinshofer in a motion for summary trial. Kinshofer did not...Read More
Punitive Damages May Exceed Compensatory Damages: Federal Court of Appeal
The Federal Court of Appeal has agreed that, in principle, an award for punitive damages may exceed compensatory damages. In Annie Pui...Read More
Duelling dentists: to invalidate a trade-mark you need evidence
Ocean Park is a neighbourhood in South Surrey, British Columbia. Dr. Cragg’s business had used the trade-name “Ocean Park Dental Centre” in...Read More