Mondaq Canada: Intellectual Property
McCarthy Tétrault LLP
In a rare case where drug samples were given under consent in an NOC proceeding Novartis sought, but was denied, to use these samples in a related litigation in Portugal (2016 FC 1091).
Field LLP
It's always exciting when there's a new decision about an obscure 5-year old subsection of the Copyright Act! Back in 2012, Canada changed its Copyright Act to try and drag it into the 21st century.
Bereskin & Parr LLP
MPHJ Tech v. Ricoh is a 2017 decision of the U.S. Federal circuit, which should caution patent applicants and agents that differences between a provisional and regular filing can have profound effects...
Aird & Berlis LLP
The NAFTA Arbitration Tribunal in the Eli Lilly "Promise of the Patent" doctrine proceeding has issued a ruling, and it appears that the result is not a good one for Eli Lilly.
Norton Rose Fulbright Canada LLP
Depuis 2011, les Règles sur les brevets au Canada permettent le devancement de l'examen d'une demande de brevet reliée à une technologie verte.
Bereskin & Parr LLP
In a recent patent accounting of profits decision of the Federal Court of Appeal in Apotex Inc v ADIR, 2017 FCA 23, the Court emphasized that the profits need to be causally attributable to the invention.
Borden Ladner Gervais LLP
Teva appealed a decision of the Federal Court granting Leo a prohibition order in respect of their psoriasis drug (Decision here; our summary here). The Federal Court of Appeal dismissed the appeal.
Fogler, Rubinoff LLP
The powerful combination provided by broadly worded legal prohibitions plus the potential for the award of large statutory damages, a helpful factual profile and a sympathetic judge . . .
Aitken Klee
On March 1, 2017, Justice Campbell released his Judgment and Reasons in Nintendo v. Go Cyber Shopping. Nintendo was wholly successful in its claim against GCS for technological protection measures and copyright infringement pursuant to the Copyright Act.
Aitken Klee
AAAI is an architecture firm that developed plans for a building project called "Murray's Walk" for MWDL.
Fogler, Rubinoff LLP
The mattress business is a competitive one! Trade-marks in the mattress business are valuable! Sleep Country Canada Inc. is a major mattress retailer in Canada.
Norton Rose Fulbright Canada LLP
Après un long hiver, l'hivernation se termine – ainsi que ma charge de cours qui a pris un gros morceau de mes temps libres (…) et de rédaction pour les Actifs Créatifs.
Smart & Biggar/Fetherstonhaugh
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.
Aitken Klee
In Airbus Helicopters v Bell Helicopter Textron, Justice Martineau of the Federal Court ordered Bell to pay $1.5 million in damages to Airbus for its infringement of Canadian Patent No. 2,207,787.
Gowling WLG
The power of well-known slogans has been recognized once again in the Federal Court of Canada.
Borden Ladner Gervais LLP
In this case, Abbott and Takeda brought a summary judgment motion as against Apotex, to dismiss the s. 8 proceeding in its entirety.
Bereskin & Parr LLP
Pour rester dans l'esprit de la saison de remise de prix, voici notre sélection dans le domaine des marques de commerce au Canada pour 2016.
Bennett Jones LLP
It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages.
Bereskin & Parr LLP
The U.S. doctrine of willful infringement strikes fear in the hearts of accused infringers.
Bereskin & Parr LLP
Therapeutic antibodies have grown to become an important product class within the biopharmaceutical market.
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Gowling WLG
In a recent decision, the Small Claims Division of the Court of Québec has found a newspaper liable for infringement of copyright and moral rights...
Bereskin & Parr LLP
Below are our selections of the most interesting developments in Canadian copyright law in 2016 … from documentaries, toys, building plans, surveys, and software, to treaties...
Bennett Jones LLP
It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages.
Field LLP
Inventors must take care that their invention is "new" for it to be patentable. That means the invention hasn't been disclosed to the public.
Bereskin & Parr LLP
While a lot of attention has been placed over the last couple of years on major amendments to the Trade-marks Act, now scheduled to be implemented in early 2019...
Smart & Biggar/Fetherstonhaugh
This is the first time the Federal Court has considered circumvention of TPMs on the merits.
Norton Rose Fulbright Canada LLP
Abbott Laboratories Limited, Takeda Pharmaceuticals Company Limited and Takeda Pharmaceuticals America Inc. (collectively, the Defendants) sought summary judgment of Apotex Inc.'s action for damages pursuant to section 8 of the Regulations.
Norton Rose Fulbright Canada LLP
The TMOB accepted United Therapeutics Corporation's evidence of use of the trade-mark REMODULIN in association with pharmaceutical preparations in the treatment of cardiovascular, pulmonary and...
Norton Rose Fulbright Canada LLP
The Court of Appeal held the trial judge did not err in her conclusion that it was not a proper case to apportion Apotex's profits.
Aitken Klee
In Airbus Helicopters v Bell Helicopter Textron, Justice Martineau of the Federal Court ordered Bell to pay $1.5 million in damages to Airbus for its infringement of Canadian Patent No. 2,207,787.
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