Appeal

June 30, 2022
Photograph of a silhouette of a pumpjack in an oil field.

Inventor Fails to Extract a Win on Appeal Against Oil Producer MEG

2022 FCA 118: The appeal court saw no reason to interfere with a trial court decision that favoured MEG Energy in its ongoing patent dispute with inventor Jason Swist.
December 29, 2021
Photograph of the "ZARA" trademark in a sign above a Zara storefront.

Trademark Opposition by Fashion Giant ZARA Remitted to Federal Court

The Federal Court of Appeal held that the trial judge cannot intervene in a trademark opposition decision in the absence of any errors by the Board.
November 3, 2021
A woman sits on a pink suitcase in an airport.

Supreme Court Refuses to Hear Appeal in Luggage Trademark Dispute

SCC #39576: Earlier this year, Travelway filed for leave to appeal with the Supreme Court of Canada over a trademark dispute with Wenger, the makers of Swiss Gear.
August 23, 2021
photo of a hockey stick and a hockey puck on an ice rink.

And He Scores! Patent Infringement Suit Against CCM Hockey Dismissed

2021 FCA 166: The Federal Court of Appeal's observations on the use of prosecution history demonstrate that courts continue to adapt to recent amendments to patent law.
June 11, 2019
avx

CAFC Refuses to Hear Appeal from Patent Decision

AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
May 1, 2019
Iscada

Trademarks and New Evidence on Appeal

2019 FC 406 - FC confirms that registered owner is not precluded to submit new evidence on appeal if no evidence is submitted after receiving s.45 notice from the Registrar.
April 16, 2019
damages

Canada Federal Court of Appeal Affirms Punitive Damages Award

2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
November 26, 2013

FCA Declines to Reconsider Recent Bell Helicopter Decision

Bell Helicopter Textron Canada Limitee v Eurocopter, 2013 FCA 261  Background The Federal Court of Appeal declined a motion under Rule 397 of the Federal Court […]
September 30, 2013

FCA Upholds Trial Judge Decision in Eurocopter.

Bell Helicopter Textron Canada Limitee v Eurocopter [2013 FCA 219] Background  In the Federal Court decision Eurocopter v Bell Helicopter Textron Canada Limitee [2012 FC 113] […]