Patent

September 19, 2017
federal court blinding

Federal Court finds Expert Blinding to be One Factor in Assessing Weight Given to Expert Evidence

2016 FC 857 - The FC granted Gilead’s application for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex in respect of its Notice of Allegation until the expiry of Gilead’s Canadian patent.
September 12, 2017
application

Federal Court Deems Patent Application “Dead” Following Failure to Respond to Requisition

2017 FC 402 - The FC dismissed the University of Alberta’s application for judicial review of three CIPO decisions, effectively refusing to declare the patent application in question in good standing following the failure of the original applicants to reply to a requisition and to apply to reinstate the application within the 12-month grace period.
September 5, 2017
federal court blinding

Canada’s Federal Court Confirms it has Exclusive Jurisdiction to Amend an Issued Patent

2016 FC 229 - The FC heard and granted an uncontested application by Novartis, pursuant to sections 31(3) and 52 of the Patent Act, to vary all entries in the records of the Patent Office with regards to the inventorship of a Canadian Patent.
August 29, 2017
federal court blinding

Federal Court Awards Dow over $644 Million in Damages

2017 FC 637 - The FC addressed three outstanding issues in the calculation of damages and profits and ordered Nova to pay Dow over $644 million for infringing Dow's Canadian patent.
August 22, 2017
federal court blinding

Federal Court of Appeal remits decision based on hearsay evidence back to the Federal Court for redetermination

2016 FCA 161 - The FCA remitted a proceeding back to the FC for redetermination after agreeing with Pfizer that part of Teva’s evidence in the FC decision was based on hearsay.
August 15, 2017

Federal Court Rejects Bayer’s Request for Corrected Priority Date

2017 FC 178 - The FC dismissed a request by Bayer for judicial review of a Commissioner’s decision refusing to change the priority filing date for Bayer’s Canadian patent application, based on provisions in the Patent Act and Patent Rules relating to priority claims.
August 8, 2017

IPTV case shows that Interpretation of IT Patents may be 0’s or 1’s

2017 FC 6 - MediaTube brought allegations of infringement against Bell over one of its IT patents, asserting that Bell had infringed the patent with Bell’s IPTV services. The FC deemed the patent to be valid, but not infringed. Costs were decided in Bell’s favour and elevated to reflect the punitive damages claimed by MediaTube and the weak argument they had put forth.
August 1, 2017

Federal Court of Canada finds that complexity of issues or conflicting evidence are not bars to a summary trial

2016 FC 1117 - Cascade brought a claim that Kinshofer had infringed its Canadian patent related to a safety locking device for quick couplers. After carrying out a claim construction, the FC did not find that the patent had been infringed.
July 25, 2017

FC Awards Costs Award at 50% Elevation of Tariff B Due to Poor Conduct

Pollard Banknote Limited v Babn Technologies Corp, 2016 FC 1193 Poor conduct during patent litigation can result in significantly elevated costs awards, even if the conduct […]
July 18, 2017

Federal Court of Canada Dismisses Motion for Interlocutory Injunction and Orders Security for Costs

2016 FC 606 - The FC dismissed TearLab’s application for an interlocutory injunction preventing I-MED from selling its i-Pen System, and ordered TearLab to pay security for costs.