ArticleClash Of The Pizzarias: Federal Court Of Appeal Rejects Pizza Restaurant's TrademarkThe respondent, Les Restaurants La Pizzaiolle Inc., opposed the marks.CanadaIntellectual PropertyAitken Klee LLP
ArticleFederal Court Of Appeal Rejects Motion For Extension Of TimeThe Federal Court of Appeal considered a motion seeking both an extension of time and an order varying the Court's dismissal of an appeal. CanadaIntellectual PropertyAitken Klee LLP
ArticleSufficiency Only Requires A Description Of One Way Of Making The Inventive ProductOn January 12, the Federal Court of Appeal dismissed Apotex's appeal of Justice Barnes decision holding Canadian Patent No 1,292,693 valid and infringed. CanadaIntellectual PropertyAitken Klee LLP
ArticleSupertek's Trademark Counterclaim Against Mishnan HosedIn E Mishan & Sons v Supertek Canada, 2016 FC 986, Justice Hughes of the Federal Court dismissed Supertek's claim for damages stemming from statements made by Mishan. Both Mishan and Supertek sell expandable garden hoses in Canada.CanadaIntellectual PropertyAitken Klee LLP
ArticleTrial Judges Entitled To Some "Leeway" On ConstructionOn September 6, 2016, the Court of Appeal dismissed Nova Chemicals Corporations appeal from a judgment finding its SURPASS product infringes Canadian Patent No. 2,160,705 directed generally to polyethylene film products, such as plastic garbage bags and food wrapping. CanadaIntellectual PropertyAitken Klee LLP
ArticleDeath Of The Protective Order In The Federal Court Of Canada?Seedlings Life Science Ventures LLC v. Pfizer Canada Inc., 2018 FC 443 is the second decision (following Live Face on Web, LLC v. Soldan Fence and Metals (2009) Ltd.) ...CanadaLitigation, Mediation & ArbitrationAitken Klee LLP
ArticleToward A Shortage Of Shortages: Proposed Amendments To The Food And Drug RegulationsHealth Canada proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations to protect against the harms caused by shortages of drugs and medical devices. CanadaFood, Drugs, Healthcare, Life SciencesAitken Klee LLP
ArticleA Quick Proceeding for Quick Couplers – Summary Trial Finding of Patent Non-infringementOn October 6, 2016, Justice Southcott dismissed Cascade's patent infringement action against Kinshofer in a motion for summary trial. Kinshofer did not contest the validity of the 065 Patent but asserted a defence of non-infringement.CanadaIntellectual PropertyAitken Klee LLP
ArticleProhibition Order Granted Against Generic VIREAD ProductOn August 23, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 857. CanadaIntellectual PropertyAitken Klee LLP
ArticleSpeculative Harm Insufficient For Equipment Rental InjunctionHERC Equipment Rentals operates a construction and industrial equipment rental business in Hamilton and Mississauga. HERC and HERTZ (the car rental company) have had business dealings for 15 years and have operations in close proximity to each other.CanadaIntellectual PropertyAitken Klee LLP
ArticlePipefill Sales Recoverable Under Section 8 – Federal Court Of AppealIn its judgment dated February 22, 2018, the Federal Court of Appeal dismissed Eli Lilly's appeal from the judgment of Justice O'Reilly that had resulted in an award of $70 million in favour of Teva Canada. CanadaLitigation, Mediation & ArbitrationAitken Klee LLP
ArticleEarlier PM(NOC) Loss Does Not Disentitle Patentee From Electing Infringement RemedyJustice Fothergill's recent decision establishes that a prior favourable decision under the NOC Regulations cannot be relied upon by a generic pharmaceutical company to disentitle a patentee to an election between damages and an accounting of profits once the patent has been found to be valid and infringed.CanadaIntellectual PropertyAitken Klee LLP
ArticlePatented Medicine Prices Review Board "Crashed Through The Constitutional, Statutory And Jurisprudential Guardrails"The Federal Court of Appeal issued strong reasons reprimanding the Patented Medicines Prices Review Board for overstepping its jurisdiction.CanadaIntellectual PropertyAitken Klee LLP
ArticleWhy Get An Injunction Anywhere Else? – Federal Court Grants Rare Interlocutory Injunction In Trademark DisputeOn February 9, 2017, the Federal Court granted a motion brought by Sleep Country Canada Inc. for an interlocutory injunction preventing Sears Canada Inc. from using the slogan "THERE IS NO REASON TO BUY A MATRESS ANYWHERE ELSE". CanadaIntellectual PropertyAitken Klee LLP
ArticleFederal Court Prohibits Approval Of Generic ADHD DrugIn Janssen Inc. v. Actavis Pharma Company, 2016 FC 1361, Janssen sought an order prohibiting the Minister of Health from issuing a Notice of Compliance to Actavis for a generic version of the ADHD drug CONCERTA. CanadaIntellectual PropertyAitken Klee LLP
ArticleInfringement To The Omax: Default Judgement In Real Estate Trade-mark ActionIn Maxwell Realty Inc. v. Omax Realty Ltd., Justice McDonald considered an ex-parte motion for default judgement for trade-mark infringement.CanadaIntellectual PropertyAitken Klee LLP
ArticleNo Cookies For You! – Federal Court Confirms Jurisdiction To Issue Split Decisions In Trade-Mark OppositionsIn Les Marques Metro / Metro Brands S.E.N.C. v. 1161396 Ontario Inc., 2017 FC 806, Metro appealed a Trade-marks Opposition Board decision which allowed S&M Enterprises' registration...CanadaIntellectual PropertyAitken Klee LLP
ArticleProblem Gaming Patent Lacks Scintilla Of UtilityOn May 25th, 2018 the Federal Court of Canada released its decision in Safe Gaming System Inc v. Atlantic Lottery Corporation involving claims 1 and 6 Canadian Patent No. 2,331,238...CanadaIntellectual PropertyAitken Klee LLP
ArticlePutting Your (Other) Best Foot Forward: Party May Introduce New Evidence Or Argument In Subsequent Infringement ActionOn September 19, 2016, Prothonotary Tabib granted, in part, Apotex' motion to amend its statement of defence and counterclaim in an infringement action concerning Apotex' Apo-Travoprost Z product.CanadaIntellectual PropertyAitken Klee LLP