PCK Reporter

August 22, 2017

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.
July 11, 2017

Supreme Court of Canada upholds worldwide interlocutory injunction against Google

2017 SCC 34 - Canada's Supreme Court dismissed Google Inc.’s appeal and upheld the worldwide interlocutory injunction against it.
July 5, 2017

FC Strikes PM(NOC) Application Due to No Chance of Success

2016 FC 525 - The Federal Court granted Celltrion’s motion to strike Janssen’s application pursuant to section 6(5)(b) of the PM(NOC) Regulations.
June 30, 2017

Canada’s Supreme Court Abolishes Controversial “Promise Doctrine”

2017 SCC 36 - The Supreme Court of Canada struck down the “promise doctrine” of Canadian patent law in favour of merely requiring a single use related to the nature of the subject-matter of the invention having a scintilla of utility.
June 27, 2017

ICSID Tribunal dismisses Eli Lilly’s NAFTA claim against Canada

Case No. UNCT/14/2 - An ICSID Tribunal dismissed Eli Lilly’s claim against Canada, which was brought in relation to two Canadian patents owned by Eli Lilly that had been invalidated for failing to provide the utility they promised.