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  • Article

    Ethinylestradiol/Drospirenone Formulation Patent Valid And Infringed

    On September 7, 2016, Justice Fothergill released his public Reasons and Judgement in consolidated patent infringement/impeachment actions brought by Bayer against Apotex and Cobalt in relation to their various drospirenone/ethinylestradiol products.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Nintendo Wins $12.7M+ Damages for Digital Lock Circumvention

    On March 1, 2017, Justice Campbell released his Judgment and Reasons in Nintendo v. Go Cyber Shopping. Nintendo was wholly successful in its claim against GCS for technological protection measures and copyright infringement pursuant to the Copyright Act.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
Article

Cascades Declaws ROYALE Kittens' Demand For Provisional Injunction

On January 9, 2016, the Quebec Superior Court dismissed Irving Consumer Product's demand for a provisional injunction seeking to enjoin Cascades from relaunching its toilet paper brand using FLUFF.
CanadaIntellectual Property
Aitken Klee LLP
Aitken Klee LLP
  • Article

    Inventive Concept Redux: Shire's ADHD Prodrug Patent Upheld By Federal Court

    In a decision released publicly on June 21, 2018, the Federal Court dismissed Apotex's action against Shire seeking a declaration of invalidity with respect to Canadian Patent No. 2,527,646.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Wesley Gets Crushed: Alleged Copyright Pirate Found Guilty Of Contempt Of Court

    The Federal Court recently held an individual guilty of contempt of court for disobeying an interlocutory injunction prohibiting the sale of pre-loaded set-top boxes designed to grant...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Vacated injunction And Anton Piller Order Resurrected Pending Appeal in Kodi Add-On

    In the continuing saga between broadcasters and set-top boxes, the Federal Court of Appeal handed a group of Canadian broadcasters a temporary victory in their fight against TVAddons.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    PATANOL Statutes Of Monopolies Claim Struck As Premature But Other Pleadings Survive

    Alcon then brought a motion to have Actavis' claims under the Statues of Monopolies struck as premature.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Supreme Court Breaks The "Promise Doctrine" In NEXIUM Patent Dispute

    On June 30, 2017, the Supreme Court of Canada released its judgment in AstraZeneca v. Apotex, a case dealing with the utility requirements under the Canadian Patent Act.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Federal Court Of Appeal Rewrites Standard Of Review

    Needless to say, the issue of the standard of review applicable to orders of both judges and prothonotaries has been one of the most contentious issues before our Court and before all courts of appeal, including before the Supreme Court of Canada, in the last 10 to 15 years.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    DC Court Of Appeal Denies Copyright To Thaler's Creativity Machine

    The United States Court of Appeals for District of Columbia Circuit affirmed the decision of the District Court for District of Columbia and denied an application for copyright...
    United StatesIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    API Fails To Remove Excalibre: API's Torque Anchor Patents Invalid Or Not Infringed

    The technology at issue relates to torque anchors for oil pumps. Sufficient pressure is required to extract the oil from the earth, which can be generated using a subterranean pump.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Plavix 1's "Inventive Concept" Did Not Change The Definition Of Obviousness – Federal Court Of Appeal

    On April 11, 2017 the Federal Court of Appeal released its decision in BMS' appeal of a Judgment dismissing a prohibition application relating the drug atazanavir and Canadian Patent No. 2,317,736.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Federal Court Denies Amendments To Copyright Claim

    In this copyright infringement action, GE Renewable Energy Canada Inc. (GEREC) sought to make further amendments to its Amended Statement of Claim. The Federal Court allowed the motion in part, emphasizing that amendments must yield a sustainable pleading.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Competition Tribunal Issues Reasons For Its Dismissal Of JAMP's Anti-competition Allegations Against Janssen

    As discussed in a previous post, the Competition Tribunal dismissed JAMP's application against Janssen alleging abuse of dominance in relation to Stelara, Janssen's drug containing the active ingredient ustekinumab.
    CanadaAntitrust/Competition Law
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Supreme Court Upholds Worldwide Injunction Against Google

    In Google v. Equustek, the Supreme Court of Canada today upheld a worldwide interlocutory injunction requiring Google to delist certain webpages from its search results.
    CanadaMedia, Telecoms, IT, Entertainment
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Patent Term Extension Comes To Canada

    As part of its obligations under the Canada-European Union Comprehensive Economic and Trade Agreement which came into force on September 21, 2017, ...
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    DABUS To Be Denied In Canada Too?

    On February 26, 2025, the Patent Appel Board was scheduled to hear submissions whether Canadian Patent Application No. 3,137,161 can comply with the formalities of the Patent Act and Rules.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Clean Sweep For Teva In VELCADE Patent Action

    As the parties had already reached agreement regarding matters of liability and quantification of damages, the trial only concerned Millennium's claim for infringement of three patents and Teva's defences based on non-infringement and invalidity.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Showing 81–98 of 98 results

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