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Intellectual
Property

CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Federal Court grants application to add inventor

  • August 23, 2023
  • Eric Li

This case involved Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) application pursuant to s 52 of the Patent Act (“Act”) to vary the records concerning the registration for their patent so as to name an additional inventor.

Intellectual Property

Case summary: Federal Court refuses motion to compel answers to questions objected to during examination for discovery

  • August 23, 2023
  • Eric Li

This case involved a proceeding pursuant to s 6 of the Patented Medicines (Notice of Compliance) Regulations. Allergan, Inc. (“Allergan”) brought a motion pursuant to Rule 97 of the Federal Courts Rules to compel answers to questions that were objected to during examination for discovery of one of Juno Pharmaceuticals Corp.’s (“Juno”) fact witnesses. Allergan grouped these questions under four categories, A, B, C, and D.

Intellectual Property

Case summary: Evidence of exceptional and unforeseen circumstances required for motions to adjourn under Rule 36 of the Federal Courts Rules

  • August 23, 2023
  • Eric Li

This decision concerned a motion by the Plaintiffs under Rule 36 of the Federal Courts Rules to request a six-month adjournment of the trial of the underlying trademark action. The Plaintiffs requested the adjournment on the basis that its recently retained expert witness needed additional time to prepare her report.

Intellectual Property

Case summary: Costs following summary trial awarded on a lump sum basis

  • August 22, 2023
  • Michal Kasprowicz

The defendants, Binal Patel and Balsam Day Spa brought an ultimately unsuccessful motion for summary trial within the context of an action for trademark and copyright infringement. The Federal Court held that summary trial was appropriate, found that infringement had occurred, and dismissed the defendants’ counterclaim. Having been unable to reach an agreement on costs, the parties provided submissions to the Court.

Intellectual Property

Case summary: Federal Court dismisses plaintiff’s motion in copyright infringement lawsuit

  • August 22, 2023
  • Homira Haqani

In this copyright infringement lawsuit, self-represented Plaintiff, Mr. Johnson, filed a motion seeking various remedies against several defendants, including professional tennis players and Tennis Canada. The case involved a dispute over copyright issues, and Associate Judge Coughlan was appointed to handle the matter. Mr. Johnson's motion aimed to appeal the decision made by Associate Judge Coughlan on January 11, 2023.

Intellectual Property