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.

BrandStorm, Inc. appealed, under section 56 of the Trademarks Act, a decision of the Trademarks Opposition Board made on behalf of the Registrar of Trademarks, rejecting BrandStorm’s opposition to an application by Naturally Splendid Enterprises Ltd. for registration of the trademark NATERA in association with a broad range of food, beverage and nutritional products.

This decision is a cost award arising from a patent infringement action pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations between Allergan Inc (“Allergan”) and Sandoz Canada Inc (“Sandoz”). The underlying action related to Allergan’s exclusive license of the 2,507,002 patent (“‘002 patent”) owned by Kissei Pharmaceutical Co. Ltd. (“Kissei”).

Apotex Inc. (“Apotex”) appealed a judgment of the Federal Court (2018 FC 1106) awarding Shire LLC (“Shire”) $1M in costs, and $600,000 in disbursements following its success at trial on a patent infringement action under the Patented Medicines (Notice of Compliance) (“PM(NOC)”) Regulations. Apotex was successful in part on its appeal.

Federal Court largely allows filing of four reply expert reports

On August 4, 2020, in TFI Foods Ltd v Every Green International Inc., 2020 FC 808, the Federal Court (the “Court”) issued an order enjoining Every Green International Inc. (“Every Green”) from offering for sale, selling, and/or labelling products bearing the trademark I-MEI Design with labels identifying Every Green as the exclusive distributor of I-MEI Foods Co, Ltd. Every Green did not comply with this order and took no further steps in its defense of the action.

Spectrum opposed Schneider’s application to register WISER. The Registrar allowed, in part, Spectrum’s opposition. Under the Trademarks Act, Spectrum and Schneider each had two months from the date of the Registrar’s decision to file an appeal.