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"Asking a court to prohibit a notice of compliance after it has issued is like asking someone to close the barn door after the horses have escaped."

The Canadian Federal Court of Appeal has recently indicated its interest in revisiting patentability of methods of medical treatment in future in a case where the issue is squarely raised.

The Federal Court released a decision relating to the registerability of the trademark "Asia Miles" in light of opposition from Air Miles International.

In a rare case where drug samples were given under consent in an NOC proceeding Novartis sought, but was denied, to use these samples in a related litigation in Portugal (2016 FC 1091).

On March 8, 2019, Justice Fothergill granted Valeant Canada's application for an order prohibiting the Minister of Health from issuing a notice of compliance to Generic Partners for its generic version...

Businesses acquiring Canadian trademarks that may have fallen into disuse should take note: in Comité interprofessionnel du vin de champagne v. Coors Brewing Company...

This ruling continues the "merest slender thread of relevance" theme in Federal Court of Appeal jurisprudence which first appeared in the ICN decision.

The March 2017 High Court judgment granted declaratory relief to FKB, which was attempting to launch a product and protect it against later, as yet ungranted, patent applications by AbbVie Technology.

Expert evidence plays a critical role in patent litigation, and can literally make or break a case.

The Federal Court granted an appeal from the Registrar's decision finding that AT&T's registration for its GO PHONE trademark was to be expunged pursuant to section 45 of the Trademarks Act.

An application for leave to appeal the decision in Pharmascience Inc v. Janssen Inc. (2024 FCA 23) was recently filed by Pharmascience in the Supreme Court of Canada (SCC).

The Federal Court of Appeal has upheld a finding that the Royal Canadian Legion did not infringe an author's moral rights by selling poppy patterned...

Although you might not think so, given the proliferation of litigation, courts are actually very particular about who can bring a lawsuit.

The appeal was heard on April 27, 2015 and immediately dismissed from the bench. A written decision will follow.

The Supreme Court of Canada ("SCC") has dismissed an application to appeal the federal court of appeal decision in French v. Royal Canadian Legion (Dominion Command) ("French").

In Canada, valid patents must have "utility" – a similar concept to "industrial application", as required in European patent applications.

This guide casts an expert eye on some of the most pressing issues facing those involved in litigation on both sides of the divide, blending analytic insight with on-the-ground expertise from key regions.