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By Lionel Fishman, Christine Genge
July 1, 2017, is Canada's 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications.
By Daniel Hnatchuk
The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings...
By Tomek Nishijima
Grey marketing, sometimes referred to as "parallel importation", is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold.
By Jean-Sébastien Dupont
As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or "pre-loaded", with various applications that provide their users with unauthorized access to copyrighted television content.
By Daniel Hnatchuk
Regular prices, sale prices, clearance sales – these terms are ubiquitous in the retail world and are a familiar component of marketing strategies intended to convince consumers that now is the best...
By Kevin Siu
This is the first time the Federal Court has considered circumvention of TPMs on the merits.
By Neil Padgett
A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration.
By Philip Lapin
As we previously reported, Canada will be significantly changing its trademark law.
By Smart & Biggar/Fetherstonhaugh
The Court found that Mylan's allegation of invalidity on the basis of obviousness was justified.
By Smart & Biggar/Fetherstonhaugh
That the U.S. Food and Drug Administration had previously approved a different drug product with higher levels of SLS did not render the decision unreasonable.
By Smart & Biggar/Fetherstonhaugh
On December 28, 2016, the Federal Court dismissed Alexion's appeal of a decision striking Alexion's constitutional challenge to the price regulation scheme and confiscatory powers found in sections 83-86 and 87(1) of the Patent Act.
By Smart & Biggar/Fetherstonhaugh
On February 15, 2017, the European Parliament voted to approve the Canada-EU Comprehensive Economic and Trade Agreement (CETA).
By Paul Jorgensen
On February 2, 2017, the Federal Court of Appeal released a significant decision on accounting for profits, a remedy for patent infringement in Canada: Apotex Inc v ADIR, 2017 FCA 23.
By Houston Brown, James Jun Pan
With the Paris climate agreement having recently come into effect, climate change mitigation technologies have been the focus of widespread discussion and debate.
By Daniel Anthony
In a significant decision issued yesterday, Sleep Country Canada Inc v Sears Canada Inc, 2017 FC 148, the Federal Court issued rare interlocutory relief to a Plaintiff in a trademark case.