2014 FCA 68 - Innovator pharmaceutical companies should be cautious and think twice about how aggressively they defend their patents as they could potentially face paying more than 100% of actual damages as an award under section 8 of the PM(NOC) Regulations.
2016 FCA 215 - The FCA has held that the standard of review applicable to discretionary orders made by prothonotaries that was enunciated in Canada v. Aqua-Gem Investments Ltd. should be abandoned and replaced withthe standard that was set out by the Supreme Court of Canada in Housen v. Nikolaisen.
2015 FCA 191 - The FCA dismissed an appeal wherein Alcon sought to reverse a finding of invalidity against its patent by surreptitiously asking the FCA to reweigh the evidence as a challenge against the Federal Court Judge’s findings of fact and preferred expert evidence.
2015 ONSC 7980 - The SCJ decided that the legal tests and the remedies available in a defamation action and an action for false and misleading statements under the Trade-marks Act are different enough that a stay of proceeding to block one action before the conclusion of the other should be denied.
In U.S. patent infringement, the “actual notice” requirement in 35 USC § 154(d) requires actual knowledge of a published patent application. Knowledge of related patents, even those sharing a description, and indirect references to a published patent application in emails may not be sufficient to prove actual notice.