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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 vacates confidentiality designations contrary to agreement

  • February 15, 2022
  • William S. Foster

The Plaintiff, Akebia Therapeutics Inc. (“Akebia”), brought a motion requesting that the Court vacate the Defendant’s, Fibrogen Inc. (“Fibrogen”), designation of confidentiality over the entirety of two fact witness statements. The Court granted the motion on the basis that Fibrogen’s confidentiality designations were contrary to the terms of the Confidentiality Agreement between the parties.

Intellectual Property

Case summary: Federal Court refuses pleadings amendments on the eve of trial

  • January 31, 2022
  • Michal Kasprowicz

NCS Multistage (NCS) appealed two Orders denying its request, on the eve of trial, to amend its pleading to: (a) include a remedy of a constructive trust; and, (b) allege that the patent infringement at issue had started earlier than originally claimed and to compel production of certain technical drawings from this earlier period. NCS’s appeal was dismissed.

Intellectual Property

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