litigation

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.
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 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.
June 20, 2017

FC Finds Torque Anchor Patents Invalid or Not Infringed and Violation of Section 7(a) of Trade-marks Act

2016 FC 1279 - The FC found that API violated section 7(a) of the Trade-marks Act by making false or misleading statements tending to discredit the business, goods, or services of Excalibre, when it sent cease and desist letters to some of Excalibre’s customers.
June 13, 2017

FC Denies Prohibition Order Request; Finds Expert Blinding Persuasive But Not Primary Interest

2016 FC 382 - The FC concluded that Apotex’s allegations of non-infringement in respect of Shire's Canadian Patent were justified and accordingly denied Shire’s requested prohibition order.
May 30, 2017

Federal Court of Appeal reverses Federal Court’s finding of a settlement agreement between Apotex and Allergan

2016 FCA 155 - The FCA overturned a FC decision in which it was held that the parties had settled the litigation, and had issued an order enforcing the terms of the settlement. The FCA found that a settlement had not in fact been reached, set aside the FC’s order and granted Apotex its appeal and costs.