RE/MAX, LLC v. Save Max Real Estate, Inc., 2021 CanLII 53761 (FC)

This decision dealt with a motion brought by Munchkin Inc. and Munchkin Baby Canada, Ltd. (collectively, “Munchkin”), the defendants in the main action, to strike certain testimony of two witnesses presented by the plaintiffs, Angelcare Canada Inc., Edgewell Personal Care ULC and Playtex Products, LLC (collectively, “Angelcare”) at trial.

Chartered Professional Accountants of Ontario (“CPA Ontario”) appealed, under section 56 of the Trademarks Act, a decision of the TMOB made on behalf of the Registrar of Trademarks rejecting CPA Ontario’s opposition to an application for the mark THIS WAY TO CPA (the “Mark”) filed by the respondent, American Institute of Certified Public Accountants (“AICPA”).

This decision concerned a motion to appeal a Prothonotary’s order to strike several paragraphs of the Defendant’s Statement of Defence (“Defence”) without leave to amend.

Janssen brought this infringement action against Apotex pursuant to section 6(1) of the Patented Medicines (Notice of Compliance) Regulations. The patent at issue, the ‘422 Patent, related to the combination of abiraterone acetate [AA] and prednisone [PN] for the treatment of prostate cancer.

This was an action for infringement of Canadian Patent 2,800,746 (the 746 Patent). The patent is related to pressure assisted oil recovery. Swist alleged that MEG’s use of its heavy oil extraction methods infringed the 746 Patent. MEG counterclaimed that the 746 Patent was invalid.

In the midst of a patent infringement trial, Videotron brought a motion to reopen the evidentiary portion of the trial to allow the parties to adduce additional expert evidence relating to accounting of profits. Both parties had presented evidence relating to the account of profits remedy using the incremental cost approach.

In the original action (see 2018 FC 259), Hospira sought to impeach Canada Patent No. 2,261,630 (the 630 Patent). Kennedy Trust counterclaimed for infringement of that patent, which provided treatment to patients with rheumatoid arthritis (RA) and other autoimmune disorders who did not respond properly to common drugs (IRs).

This decision concerns the costs and disbursements payable to MEG Energy Corp by Jason Swist and Crude Solutions Ltd (collectively Swist) as a result of the Federal Court’s decision in 2021 FC 10.

Canadian Standards Association (“CSA”) sought declaratory and injunctive relief and an award of damages against Pharma Plastic Industries Inc., alleging Pharma Plastic manufactured, distributed, offered for sale and sold in Canada pharmaceutical vials and caps bearing the CSA’s registered trademarks without permission or license.