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  • Article

    Plea of Indirect Inducement Survives Motion To Strike

    In Elbit Systems Electro-optics Elop Ltd. v. Selex ES Ltd., 2016 FC 1000, the Federal Court allowed part of a motion to strike portions of a statement of claim in an action for patent infringement.
    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

For Your (And In-House Counsel's) Eyes Only: Court Clarifies Scope Of "Counsel's Eyes Only" Disclosure Designation

Angelcare and Munchkin are global competitors in market for baby care products.
CanadaIntellectual Property
Aitken Klee LLP
Aitken Klee LLP
  • Article

    Shoe Company Walks Away From Contempt Show Cause Hearing

    In Asics v 9153-2267 Quebec, Chief Justice Crampton of the Federal Court held that the Defendant in a trade-mark infringement case and its officers had shown cause why they should not be held in contempt of Court.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Apotex' Remedial Claims Based On Pfizer's Viagra Patent Survive Another Attack

    On November 18, 2016, Justice Nordheimer of the Ontario Superior Court of Justice dismissed Pfizer's motion for leave to appeal a decision that dismissed, with two exceptions, Pfizer's motion to strike various remedial claims made by Apotex ..
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Court Of Appeal Clarifies Meaning Of "Inventive Concept"

    The decision significantly clarifies many aspects of the law of obviousness after the Supreme Court of Canada's seminal 2008 decision in Plavix 1
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Entirety Of The Patent Must Be Considered When Determining If A Patent Pertains To A Medicine

    There was no evidence that it was so capable. It appears that the Board assumed that one merely had to dilute the 0.3% medicine to arrive at the 0.1% medicine capable of performing the same function.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Microsoft Enforces Software Copyright Against Recidivist Copier: Microsoft v. Liu

    In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft's copyright in several programs and awarded Microsoft both statutory damages and exemplary and punitive damages.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Motion To Add A Gillette Defence: Court Refuses When Pleadings Would Conflict

    The Federal Court recently dismissed a motion to amend pleadings in a patent dispute between Janssen Inc. and Pharmascience Inc.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    New Evidence Of Use Overturns Trademark Expungement

    In this trademarks appeal brought pursuant to section 56 of the Trademarks Act, the Federal Court overturned a decision by the Registrar of Trademarks to expunge a trademark after considering new evidence of use.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Patentee's Conduct in Impeachment Action Warrants 50% Elevation Of Tariff B Costs

    In Pollard Banknote Limited v. Babn Technologies Corp. and Scientific Games Products (Canada) ULC (2016 FC 1193), Justice Locke dealt with the issue of costs following his finding that the claims of Canadian Patent No. 2,752,551 were invalid or, in the alternative, not infringed ..
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    First Impression for Internet Confusion Occurs At Search Results Page – BCCA

    On January 26, 2017, the BCCA granted Vancouver Community College's appeal and held that it's passing off claim against Vancouver Career College had been established.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    "Flexible Set Of Options" In Prior Art Not So Flexible After All

    In Steelhead v. Arc Resources, the Federal Court considered the validity of Canadian Patent No. 3,027,085, which related generally to a water-based apparatus capable of liquefication of natural gas. This post focuses on the Court's discussion on anticipation
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    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.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Sweet Relief On Appeal: HONEY Has Its Trade-Mark Registration Restored By Federal Court

    The Federal Court has reversed the Trade-marks Opposition Board in another decision dealing with the evidentiary standard applied in a section 45 proceeding.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    You Can't Lose What You Never Had: Government Can't Expropriate Unencumbered Seismic Data Copyright That Never Existed

    In Geophysical Service Inc. v. The Queen, Prothonotary Tabib of the Federal Court struck GSI's Statement of claim.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    FCA Upholds Ruling That Health Canada Liable For Negligence And Misfeasance In A Public Office

    Apotex filed a submission with Health Canada in 1988 for approval to sell a generic version of the drug trazadone.
    CanadaLitigation, Mediation & Arbitration
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Federal Court Upholds Commissioner's Refusal To Correct Patent Priority Date As Untimely

    In April 3rd, 2013, Bayer Cropscience filed a US patent application. The USPTO refused to award this application an April 3, 2013 filing date because the application did not include figures, a decision that Bayer Cropscience did not initially contest.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Mövenpick's "Marché & Wave" Trade-mark Withstands Richtree's Opposition Appeal

    On September 15, 2016, Justice Boswell dismissed Richtree's appeal, pursuant to section 56 of the Trade-marks Act, from the decision of the Trade-marks Opposition Board that had rejected Richtree's opposition to a trade-mark application filed by Mövenpick.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    U-Box It Knocks Out U-Haul's Confusing Trademark Applications

    U Box It opposed these application on the basis of confusion.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Showing 21–40 of 98 results

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