Security for Costs Required before Proceeding Permitted to Move Forward (tellectual Property Weekly Abstracts Bulletin - Week of May 21, 2012)

Edited by Chantal Saunders and Beverley Moore

ACTIONS

Security for Costs Required before Proceeding Permitted to Move Forward

International Control Systems v. Haier America Trading

The Court ordered the Plaintiffs to pay security for costs in a patent infringement action, as the Plaintiffs ordinarily reside outside of Canada. Security was required to be posted before the Defendants prepared their Statement of Defence and before the Defendants filed its motion record on a motion to strike the Statement of Claim. The Court also ordered that the Plaintiffs were not to take any further steps until the security was paid to the Court.

OTHER CASES OF INTEREST

In a News Release on May 17, 2012 the Supreme Court of Canada denied leave in respect of three cases. Two cases related to proceedings under s. 8 of the NOC Regulations, where Apotex' claims to disgorgment, or an accounting of profits were struck: Apotex Inc. v. Eli Lilly Canada Inc. (F.C.) (Civil)