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  • Article

    Challenging Unfair Trading Practices: An Overview Of Dumping And Subsidy Investigations Under The Special Import Measures Act

    Given the current climate of international trade, it's a good time to remember how Canadian industries can assert their rights under international trade law to protect against injurious and unfairly traded goods imported from abroad.
    CanadaInternational Law
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Venlafaxine Section 8 Damage Award Reaffirmed Upon Redetermination

    Back in 2014, the Federal Court issued its judgment in Teva's section 8 damages action in relation to the drug venlafaxine.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Circumstances Not Sufficiently Special To Allow Pleading Amendment

    The claims of the 206 Patent asserted against Apotex were subsequently held by Justice Snider to be invalid.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    On Thin Ice: Court Dismisses Snowmobile Infringement Action

    In Arctic Cat Inc v Bombardier Recreational Products, Justice Roy of the Federal Court dismissed Arctic Cat's action against Bombardier for infringement of Canadian Patent No. 2,322,738.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Subject Matter Of A Compound Claim Cannot Be Expanded Beyond What It States – FCA

    On September 18, 2017, the Federal Court of Appeal released its decision in BMS' appeal of a decision dismissing its prohibition application in respect of dasatinib and Canadian Patent Nos. 2,366,932 and 2,519,898.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Should I Stay Or Should I Go? Federal Court Stays Re-Examination In Light Of Invalidity Action

    On October 6, 2016, Justice Roy granted Camso's motion to stay the re-examination of Camso's 562 Patent until final judgment is rendered in an action in which the validity of the 562 Patent is being challenged ...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Court Of Appeal Clarifies Costs Framework In Copyright Class Action

    On November 15, 2017, the Federal Court of Appeal issued its Reasons for Judgment in an appeal from an order that (1) granted the respondent's motion for security for costs ...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Aitken Klee Successful In Teva Olanzapine Section 8 Damages Case

    The Federal Court recently issued its decision in Eli Lilly Canada Inc. v. Teva Canada Limited, 2017 FC 88, Teva's action for damages under section 8 of the PMNOC Regulations in relation..
    CanadaFood, Drugs, Healthcare, Life Sciences
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Abusive Patent Infringement Claim Dismissed By Federal Court

    In Mostar Directional Technologies Inc. v. Drill-Tek Corporation and Drill-Tek MWD Services Ltd., Mostar claimed patent infringement and inducement.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Hail, Caesar(stone)! TMOB's Refusal To Consider Earlier Registration Of Related Goods Unreasonable

    In Caesarstone Sdot-Yam Ltd v. Ceramiche Caesar S.P.A., Justice Manson of the Federal Court allowed part of an appeal from a Trademarks Opposition Board decision refusing part of the requested scope of an application for the registration of the trademark.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Hold Up Or Hold Out? UK Court Addresses FRAND Licensing Of Essential Cellphone Patents

    Unwired Planet International v. Huawei, [2017] EWHC 711 is a UK case regarding the FRAND royalty rates applicable to patents that are deemed "essential."
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Some Degree Of Expected Confusion With A Weak Trademark Not Enough To Prevent Registration

    On February 5, 2018, Justice LeBlanc released his Judgment and Reasons in 2018 FC 121 involving the applicant, Assurant, Inc. and the respondent, Assurancia, Inc.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Pleading Amendments Alleging Prior Public Disclosure Refused Where Defendants Lack Material Facts

    In 2015, Specialized Desanders sued Dynacorp Fabricators (now Enercorp Sand Solutions) and Progress Energy Canada for infringement of Canadian Patent No, 2,407,544
    CanadaLitigation, Mediation & Arbitration
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Without Early Working, Cross-Referenced Drug Submissions Need Not Address Listed Patents: Court Of Appeal

    On October 12, 2016 the Federal Court of Appeal released a number of judgments dealing with the circumstances in which a cross-referenced drug submission must readdress patents under the PM(NOC) Regulations.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Hindsight Approach To Obviousness Rejected In Oilfield Patent Dispute

    Justice Manson's recent decision in Frac Shack Inc. v. AFD Petroleum Ltd., provides a framework for obviousness when dealing with a combination invention made from previously-known parts, and what constitutes a non-infringing alternative for the purpose of quantifying the defendant's profits.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Prior Settlement Agreement Prevents Grey Marketing Of Chocolate Bars

    Grey marketing is the practice of buying genuine branded products abroad and selling them in competition with a local distributor of the foreign vendor.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    What Do You Really Get When You Acquire Copyrighted Materials Through Foreclosure?

    AAAI is an architecture firm that developed plans for a building project called "Murray's Walk" for MWDL.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Bauer Hockey Helmets Avoid Infringement Injury

    On May 7, 2018 the Federal Court granted MIPS action in part, findings its patent valid but not infringed by Bauer's RE-AKT and RE-AKT 100 helmets while invalidating a single claim from the four Bauer patents at issue.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Court Finds Eculizumab Patent Neither Anticipated Nor Obvious

    In the first PMNOC decision of the year, Justice Furlanetto upheld the validity of claims 1 and 2 of Alexion's patent no. 2,645,810 which is directed to the antibody...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Times Up: Toronto Development Company Found To Infringe Trade-Mark

    In Times Group Corporation v. Time Development Group Inc. the Court granted a declaration of trade-mark infringement and an order that the respondent cease using the infringing mark.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Showing 61–80 of 98 results

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