Federal Court of Appeal cultivates high bar to disclosure in anticipation
Agracity appealed from two decisions in which the Federal Court held, inter alia, that various claims of the 021 Patent were not...Read More
No Rubber Stamp of Appeals by the Federal Court of Appeal
The Federal Court of Appeal recently confirmed it is not prepared to rubber stamp unopposed appeals, or appeals on consent without having...Read More
Patent Infringers Cannot Elect Patentee’s Remedy
The Federal Court of Appeal dismissed Apotex’ appeal from a decision in which Apotex sought to elect the remedy that Bayer was...Read More
Court of Appeal Jettisons Uncertain “Inventive Concept” in Obviousness Analysis
The Federal Court of Appeal released its decision in the appeal from the successful patent impeachment action by SNF challenging the validity...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
Notice and Notice: ISPs May Only Charge Reasonable Fees For Disclosing Identities Of Suspected Copyright Infringers
Sections 41.25 and 41.26 of the Copyright Act allow copyright owners to send notices of infringed copyright to ISPs, such as Rogers....Read More
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs On May 8, 2017, the Federal Court of...Read More
FCA Upholds Ruling That Health Canada Liable For Negligence And Misfeasance In A Public Office
In Apotex Inc. v. Canada, 2017 FCA 73, the Federal Court of Appeal dealt with various appeals from the finding that Health...Read More
Trial Judge Knows Best: Supra-Tariff Costs Award Upheld
In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova’s appeal of the order requiring...Read More
Ordinary Actions Of Corporate Officers Not Sufficient To Pierce Corporate Veil In Oilfield Patent Infringement Action
On February 13, 2017 the Federal Court of Appeal dismissed an appeal by NOV Downhole Eurasia Limited and Dreco Energy Services ULC...Read More