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February 9, 2023

Side view of a gray housecat's head against a plain gray background.

February 9, 2023

FCA Upholds Refusal to Grant “procat” Trademark

2023 FCA 4: The prefix "pro" did little to make Puma's "procat" mark distinctive over Caterpillar's CAT & Triangle Design.

October 18, 2021

Caterpillar Scratches Back: Puma Loses Bid to Register ‘procat’ Mark

2021 FC 974: The Federal Court concluded that Puma’s use of procat would likely cause confusion with heavy equipment manufacturer Caterpillar Inc.’s ‘CAT’ trademark.

July 7, 2020

Hands Off! Nike Wins Battle Over Claw Logo Against Kawhi Leonard

An Oregon court ruled that Nike owns the Claw logo that includes a sketch of Leonard's hands that famously earned him the nickname “The Claw.”

September 6, 2019

A Coke being poured from a plastic bottle into a glass with ice.

September 6, 2019

Pepsi Wins Squabble Over Scent-Releasing Trade Secrets

CAFC 2018-2091 – The Federal Circuit refused to grant lost profits and joint ownership to ScentSational Technologies for their scent-releasing bottle cap.

July 22, 2019

Photo of a contract or license being signed.

July 22, 2019

Despite Contract, License Holder Cannot Sue for Patent Infringement: CAFC

CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”

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.

May 16, 2017

Dow Awarded an Accounting of Profits including Springboard Profits from Infringer’s Ramped-up Sales

2017 FC 350 - The Federal Court outlined in this decision how the Dow Chemical Company should be compensated by Nova Chemicals Corporation for its infringement of Dow’s patent.

April 25, 2017

Federal Court finds foreign, non-exclusive licensee entitled to damages

2016 FC 593 - The FC awarded Janssen Canada and Janssen US almost $19 million in total damages for Teva's infringement of a Japanese entity's patent, for which Janssen US had never even exercised its licence in Canada.

March 23, 2017

Canadian 2017 Budget Plan: A Focus on Innovation and IP

2017 Budget Plan - The Canadian Federal Government announced its Budget Plan for 2017, which proposes a number of positive changes to the Canadian intellectual property regime.

February 21, 2017

Ontario Court of Appeal Refers Copyright Infringement Dispute to Trial for Reconsideration of Estoppel Defence

2016 ONCA 217 - The ONCA accepted the motion judge’s interpretation of the licensing agreement at issue, however, it set aside the dismissal of Symcor's defence of estoppel and referred this issue, along with a limitation period defence and assessment of damages, to trial.

September 30, 2015

ONSC Takes On US Patent Claim Construction

OrthoArm Incorporated v GAC International, LLC, 2015 ONSC 5097 - The ONSC was to undertake the analysis that would normally be done at a Markman hearing: to perform claim construction on the US patent and apply that construction to determine whether there is infringement.

January 27, 2015

TMOB Removes Investment Advice from Atticus’s List of Services

Atticus Canada Inc v Atticus Management LLC, 2014 TMOB 196 - Evidence of trade-mark use consisting of copies of license agreements allowing Atticus Capital LP to use the Mark was taken to demonstrate use in association with financial services generally, but not in association with investment advice.

November 30, 2014

SCC Recognizes an Organizing Principle of Good Faith in Contract Law and a New Duty of Honest Contractual Performance

Bhasin v Hrynew, 2014 SCC 71 - The Supreme Court of Canada recognized a general organizing principle of good faith that underlies many facets of contract law, and created a new common law duty requiring contracting parties to honestly perform contractual obligations as a manifestation of this organizing principle.

February 4, 2013

Breach of Timely Notice Requirement Does Not Deprive Licensee from Patent Infringement Defence and Indemnity under Software Licensing Agreement

Coastal Contacts Inc. v. Elastic Path Software Inc., 2013 BCSC 133 Overturned on Appeal [2013 BCCA 541] Elastic Path and Coastal Contacts entered into a Software […]