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  • Article

    Ordinary Actions Of Corporate Officers Not Sufficient To Pierce Corporate Veil In Oilfield Patent Infringement Action

    The third individual was involved in the development of an allegedly infringing product.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    PIRANHA Bites Back: Federal Court Reverses Expungment of Saw Blade Trademark

    The Federal Court in The Black & Decker Corporation v. Method Law Professional Corporation, has reversed a decision of the Registrar of Trade-marks that unreasonably elevated the standard of proof required in a section 45 proceeding.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Shilajit Inventor Has No Rights To Assert After Patent Assignment

    In Rowland v. Stephen, Justice Petersen struck Mr. Rowland's statement of claim and denied his leave to amend on the basis that Mr. Rowland, having assigned the full and exclusive rights to his invention ...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Dow's Complex Patent Case Justifies Increased Legal Fees

    Justice O'Keefe has issued a costs award granting the successful party in a patent infringement action approximately 30% of its legal costs, and a total costs award of $6.5M.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Back To The Stampede: Court Upholds Forum Selection Clause Requiring Copyright Action To Return to Alberta

    In Bull Run Productions Inc. v. Wild TV Inc., 2016 NSSC 315 the Supreme Court of Nova Scotia upheld a forum selection clause and required a copyright owner to bring its action for infringement in Alberta.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Federal Court Mows Down Bison Grass Vodka Trade-mark Application

    In CEDC International v Underberg, Justice Barnes dismissed CEDC's appeal of the Trade-marks Opposition Board's decision that prevented CEDC from registering "Żubrówka" as a trade-mark in association with its vodka product.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • 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

    New Evidence Of License Agreement Unable To Secure ASIA MILES Trade-mark Registrations

    On October 12, 2016, Justice Southcott issued his Judgment and Reasons and Cathay Pacific Airways Limited v. Air Miles International Trading B.V., 2016 FC 1125.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Not A Wet Eye In The Court: TearLab Appeal Dismissed

    In TearLab v I-MED, the Federal Court of Appeal dismissed TearLab's appeal of Justice Manson's dismissal of its motion for an interlocutory motion.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Supreme Court Of Canada Refuses To Hear Mining Patent Obviousness Appeal

    On June 14, 2018, the Supreme Court of Canada dismissed Ciba's application for leave to appeal the decision of the Federal Court of Appeal holding Canadian Patent 2,515,581 ...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Court Dismisses Career College Copyright Case As Time Barred

    In 907687 Ontario Inc. (c.o.b. International Institute of Travel) v. Shokour, 2017 FC 969, the Federal Court found that the plaintiff did not meet its burden of establishing copyright infringement ...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • 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

    Judge Rejects Purported Oral Amendment of Toilet Patent Licensing Agreement

    Arnold Hennessy invented "tip-tank" toilet technology, and assigned his rights in the patents and technology to Arnold Hennessy Holdings.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Anticipated Appeals Cannot Be United

    In Cooperstock v. United Airlines, Inc., the Court of Appeal held that an appeal can be stayed or consolidated with related appeals only after those related appeals have been commenced and are pending before the Court. .
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Apotex Seeks Rehearing of NEXIUM Patent Validity Following Supreme Court's Decision

    On August 29, 2017 Apotex filed a motion with the Supreme Court of Canada, requesting a rehearing of the appeal and an amendment of the corresponding judgment in which the Supreme Court held that the promise doctrine is not the appropriate standard for assessing utility and that AstraZeneca's 653 Patent is valid (2017 SCC 36;
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Court Of Appeal Upholds Fair Dealing Reduction in K-12 Copying Tariffs

    In Access Copyright v British Columbia Ministry of Education et al, the Federal Court of Appeal identified a single reviewable error in the Copyright Board's decision relating to the copying of works by elementary and secondary schools.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Google's Speculative And Excessive $1.5M Security For Costs Request Dismissed

    Paid Search Engine Tools, a corporation normally resident outside Canada, is the owner of Canadian Patent No. 2,415,167 entitled "Paid Search Engine Bid Management".
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    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 it to pay $6.5 million in costs to Dow.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Federal Court Grants Order Bifurcating Apotex' Section 8 Action

    In Apotex Inc. v. Alcon Canada Inc., 2016 FC 720, Prothonotary Tabib granted Apotex' motion for bifurcation of its section 8 action involving its Apo-Travoprost Z topical ophthalmic solution.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Coming June 20, 2025 – Private Applications For Deceptive Marketing Practices

    Canadian content creators should be aware of Bill C-59's amendments to the Competition Act that will take effect on June 20, 2025.
    CanadaAntitrust/Competition Law
    Aitken Klee LLP
    Aitken Klee LLP

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