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Intellectual
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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

Federal Court of Appeal upholds Federal Court finding that patent claims for patent to apparatus and method for rapid auto-injection of medication are invalid and not infringed

  • November 19, 2021
  • Kelly McClellan

The Federal Court of Appeal upheld Seedlings Life Science Ventures v Pfizer Canada, 2020 FC 1, that found patent claims of an apparatus and method for rapid autoinjection (the ‘935 Patent) invalid for overbreadth, certain claims invalid for anticipation and obviousness, and not infringed (¶4, 6), and set aside the Federal Court’s conclusion that claims for an accounting of profits would be disallowed from licensees (¶77-81).

Intellectual Property

Case summary: Pfizer Canada ULC v Seedlings Life Science Ventures LLC, 2021 FCA 155

  • November 19, 2021
  • Kelly McClellan

The Federal Court of Appeal dismissed an appeal of a Federal Court judgment (Seedlings Life Science Ventures v Pfizer, 2019 FC 1396 (FC Reasons)), that admitted into evidence certain documents produced as business records related to remedies during examination for discovery of a witness in a patent infringement trial because it determined the issue was moot (FCA Reasons, ¶1,6).

Intellectual Property

In the alternative: An unusual alternative request to damages

  • November 18, 2021
  • Ben Pearson

DeepRoot brought patent infringement action alleging that GreenBlue’s “RootSpace” product infringes various claims of their Patents number 2,552,348 (348 Patent) and number 2,829,599 (599 Patent). The Patents related to a subsurface structural cell system that supports the hardscape (e.g. sidewalk), enables stormwater retention and filtration as well as allowing tree roots to grow in uncompacted soil.

Intellectual Property

Federal Court upholds decision in simplified action for copyright infringement

  • November 18, 2021
  • Natasha Gulati

In this decision, the Federal Court considered an appeal of a simplified action for copyright infringement of six photographs (the “Photographs”) decided by Prothonotary Fulanetto (as she then was). The decision under appeal awarded the author of the Photographs, Respondent Alexander Stoss, $3,983.40 in damages and $9,493.94 in costs.

Intellectual Property

Case summary: Submission of evidence in motions

  • November 18, 2021
  • Kristen Shaw Pablo Tseng

Following a claim of patent infringement, NCS Multistage Inc. (“NCS”) filed a motion for summary judgment on the basis of non-infringement, relying on the prior use defence under section 56 of the Patent Act, RSC 1985, c P-4 (the “PA”). NCS filed a fact affidavit in support of the summary judgment motion.

Intellectual Property

Case summary: Court awards costs under the tariff following patent infringement action

  • November 18, 2021
  • David Schnittker

In this decision, Justice McHaffie provided reasons for awarding costs. The underlying litigation was a patent infringement action where the Court dismissed Guest Tek Entertainment Ltd.’s (“Guest Tek”) claim for patent infringement, and Nomadix Inc.’s (“Nomadix”) counterclaim for declarations of invalidity.

Intellectual Property

Federal Court strays from lump sum award in granting increased costs

  • November 18, 2021
  • Ben Pearson

After finding the asserted claims of DeepRoot’s patents were valid and infringed by the Defendant, GreenBlue Urban North America Inc. and dismissing GreenBlue’s counterclaim, the Court directed the parties to discuss costs and make submissions if unable to agree as to quantum.

Intellectual Property