Federal Court of Appeal
August 23, 2021
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.
February 1, 2021
2021 FCA 7: The FCA narrowly interpreted section 53.1 of the Patent Act, refusing to look at a corresponding US application that was not named by number.
December 18, 2020
2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement of an infringing trademark.
October 27, 2020
2020 FCA 141: Court warns judges not to be "spooked" by the enormous sums that may be calculated in an accounting of profits for patent infringement.
August 20, 2020
Salt v Baker - In a unanimous decision, the Federal Court of Appeal confirmed the Federal Court’s jurisdiction to hear contractual disputes involving patents.
June 4, 2020
The Federal Court of Appeal (“FCA”) has clarified how Vavilov's standard of review will apply to decisions made by the Trademarks Opposition Board (“TMOB”).
March 9, 2020
2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.
August 30, 2019
2019 FCA 196 – In an ongoing dispute between the PMPRB and Galderma, the FCA says the drug pricing regulator erred in its interpretation of the law.
May 1, 2019
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.
July 10, 2018
2017 FCA 225 - Federal Court of Appeal upheld the trial level decision invalidating Ciba's Canadian patent for obviousness, and elaborated on the obviousness inquiry, endorsing an approach that focuses on construing the claims rather than identifying the inventive concept.