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  • Article

    Apotex Not Permitted To Plead Promise-Based Invalidity Grounds In Ontario Section 8 Lansoprazole Action

    This motion arose in the context of a section 8 action in which Apotex claims damages for delay in the issuance of its notice of compliance for its generic lansoprazole product ...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Appeal Of Federal Court's Decision Upholding Board's Finding Of Confusion Dismissed (Intellectual Property Weekly Abstracts Bulletin — Week of August 21, 2017)

    The Court of Appeal dismissed U-Haul's appeal of the Federal Court's decision, which upheld the Opposition Board's decision allowing the opposition of U-Haul's two trademark applications of U-BOX and U-BOX WE-HAUL.
    CanadaIntellectual Property
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
  • Article

    Copyright Infringement Class Action Over University Course Packs Certified In Quebec: Copibec c. Université Laval

    On February 8, 2017, the Quebec Court of Appeal certified a class action by Copibec against Université Laval, for copyright infringement.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Court Gives Green Light For Canadian Pharmaceutical Patent Actions Where Future Infringement Is Likely Though Not Inevitable

    The Federal Court of Canada upheld a decision that allowed a patent infringement action involving tenofovir (an anti-HIV drug) to continue on the basis of allegations of a likely future (quia timet) infringement.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Federal Court Decision Highlights The Challenges Of Navigating A Federal Lawsuit Without Representation

    The Federal Court recently released a decision in Alam v. Drew Bieber (2024 FC 499) arising from a motion for default judgment. The plaintiff, a self-represented litigant...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Of Appeal Addresses The Applicability Of The Implied Licence Defence In Patent Infringement

    In Pharmascience Inc. v. Janssen Inc., 2024 FCA 10, the Federal Court of Appeal dismissed Pharmascience's appeal of a Federal Court decision that found Pharmascience's...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Of Appeal Confirms Expanding Hose Patent Is Obvious

    At trial (2014 FC 326), Justice Hughes dismissed the plaintiffs' patent infringement claim.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Considers Interpretation Of "Use" Of A Patented Invention In The Context Of Infringement

    The Federal Court of Appeal ("FCA") recently considered the issue of what constitutes "use" of a patented invention for the purposes of proving infringement of a patent under section 42 of the Patent Act (the "Act").
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Of Appeal Dismisses Appeal Of Patent Validity Rulings In Herbicide Case

    Agracity appealed the Federal Court's ruling on invalidity based on anticipation and obviousness.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Rejects New Evidence In Trademark Appeal

    A Federal Court decision examines whether parties in trademark opposition appeals can introduce new evidence or conduct cross-examinations that were not pursued during the original Board proceedings. The ruling addresses critical procedural questions about the scope of appellate review and the strategic importance of presenting comprehensive evidence at the opposition stage.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Sets Aside B-Side Trademark For Beau's Beer

    In Steelbird Ghetto Properties LLC v. Beau's All Natural Brewing Company Ltd, Steelbird Ghetto Properties LLC sought an Order striking the trademark B-SIDE BREWING LABEL which was registered to Beau's All Natural Brewing Company Ltd.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Foreign Entities Can Be Liable For Canadian Patent Infringement

    The Federal Court of Appeal confirmed that an entity based outside Canada, without any operations in Canada, can be liable for infringement of a Canadian patent if it makes arrangements...
    CanadaIntellectual Property
    Seastone IP LLP
    Seastone IP LLP
  • Article

    Google As The "Inadvertent" Facilitator: BC Court Grants Injunction Forcing Google To Remove Websites Worldwide

    The BC Supreme Court has ordered Google, as a third party, to remove from its search engine all websites operated by the defendants in the action.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Google v. The Court: Free Speech And IP Rights (Part 2)

    The Supreme Court of Canada (SCC) will render its judgment in writing, and the current expectation is that it will clarify the limits of extraterritoriality, and the unique issues of protected expression in the context of IP rights and search engines.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Government Of Québec Proposes New Regulation For Retail Signage

    The Government of Québec has made clear in its announcement that it will not adopt legislation to regulate trade-marks, which are under federal jurisdiction, and that companies will be consulted in the proposed process.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Infringing Sales Through Amazon

    A U.S. court recently decided that it would take jurisdiction over a seller who sold allegedly infringing products through online retailers such as Amazon.com.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Largest Patent Infringement Award In Canada Stands: Apotex Denied Leave To Appeal To The SCC

    The case began in 1997 when Apotex launched its generic lovastatin product.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Motion For Declaration Of Software Ownership Dismissed

    Justice G. Dow, in One Street Digital Inc. v. Berkeley Payment Solutions Inc., dismissed a motion brought by OSD seeking to have it declared the owner of software that it provided to BPS...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    No Copyright Or Trademark Protection For Metatags

    The court reviewed the facts and past metatag decisions and decided that, on balance, the metatags that were copied did not qualify for copyright protection.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    No Fakes, Please: Federal Court Reaffirms Large Damage Award For Trade-Mark Infringement

    As fashion industry observers may be aware, Chanel is highly protective of its intellectual property. In a decision released last week the Federal Court reaffirmed an earlier decision awarding Chanel substantial damages and costs for trademark infringement.
    CanadaIntellectual Property
    Gilbertson Davis LLP
    Gilbertson Davis LLP
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