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April 28, 2020

A laptop showing business statistics and financial forecasts in graph format.

April 28, 2020

COVID-19: Cost Management Strategies for Patent Applicants

Cost management strategies that won't devalue your patent portfolio. Plus: don't miss the April 29th deadline for the Innovation Assistance Program (IAP)!

November 1, 2018

How Canadian Trademark Law Will be Impacted by Bill C-86

Bill C-86 - an overview on its impacts on Canadian trademark law.

August 29, 2017

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 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.

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.

March 28, 2017

Federal Court of Appeal dismisses appeal for one of the biggest costs awards ever

2017 FCA 25 - The FCA dismissed Nova’s appeal of a FC judgment, which awarded Dow $6.5 million for costs in their successful action for patent infringement.

October 6, 2015

FCA Nudges SCC to Consider that Claim Construction should be Reviewed on Reasonableness Standard

Abb Technology AG, ABB Inc v Hyundai Heavy Industries Co, Ltd, 2015 FCA 181 - The FCA suggested that although claim construction is reviewed on a correctness standard, claim construction is so heavily reliant on expert witnesses that perhaps it should be reviewed on a palpable and overriding error standard.

May 13, 2015

Cobalt gets Overlapping Costs Reduced in PM(NOC) Proceeding

Lundbeck Canada Inc v Canada (Health), 2014 FC 1049 - How should overlapping expert costs be allocated? Three parties each sought a Notice of Compliance (NOC) for the same drug, and the innovator relied on much the same expert evidence in each proceeding but costs were not precisely allocated among the three proceedings.

August 11, 2014

Costs

COVID-19: Cost Management Strategies for Patent Applicants

How Canadian Trademark Law Will be Impacted by Bill C-86

Federal Court Awards Dow over $644 Million in Damages

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

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

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

Federal Court of Appeal dismisses appeal for one of the biggest costs awards ever

FCA Nudges SCC to Consider that Claim Construction should be Reviewed on Reasonableness Standard

Cobalt gets Overlapping Costs Reduced in PM(NOC) Proceeding

Federal Court Assess Damages, Settles Pre- and Post-judgement Interest in PM(NOC) Case

Human Antibody Patent Upheld at FC

Federal Court Clarifies Cost Awards

FC and FCA Clarify Issues with Respect to Cost Awards