litigation

August 28, 2018
CSP

Law Firm Removed on Patent Infringement Action Due to Conflict of Interest

2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.
May 8, 2018
CSP

ONSC Educates an Inventor on the Difference Between Obtaining a Patent and Maintaining a Trade Secret

2017 ONSC 7276 - The ONSC found that Rowland's statement of claim did not disclose a reasonable cause of action with regard to the allegation that his "trade secret" was stolen.
December 5, 2017
CSP

Federal Court Declines Jurisdiction to Approve Third-Party Funding Agreements in the Private Litigation Context

2017 FC 826 - The FC declined to approve, or disapprove, Seedlings' litigation funding agreement with Bentham, where Bentham would fund Seedlings' patent litigation against Pfizer. The FC found that it lacked jurisdiction, as contractual matters are generally provincial in nature, and that only agreements related to class action proceedings would require the approval of the FC.
November 21, 2017
CSP

Federal Court of Appeal rummages for the truth in Swiss luggage trademarks decision

2017 FCA 215 - The FCA found that trademarks owned by Travelway were confusingly similar to, and passing off on, trademarks owned by Wenger. The FCA's finding reversed a prior decision of the FC.
October 24, 2017
CSP

Federal Court Adjourns Motion for Confidentiality Order

2017 FC 548 - In this application for judicial review over s. 5 of the PM(NOC) Regulations, the FC agreed with the AG who argued that since another innovator also had patents listed on the Patent Register pertaining to products to which Innovator Company made comparisons, the other innovator was a necessary respondent to the application.
October 3, 2017
Federal Court Section 7

Federal Court dismisses Section 7(a) Trade-marks Act claim over lack of causal link

2016 FC 986 - The FC dismissed Supertek's claim that Mishan engaged in conduct contrary to Section 7(a) of the Trade-marks Act, in relation to a Canadian patent.
September 26, 2017
CSP

Canada’s Supreme Court Does Not “Like” Facebook’s Forum Selection Clause

2017 SCC 33 - The SCC allowed Douez’s appeal and found strong reasons not to enforce the forum selection clause present in Facebook Inc.’s terms of use on its social media website, Facebook.com.
September 19, 2017
CSP

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
CSP

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
CSP

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.