Case summary: Federal Court of Appeal clarifies inducing infringement test with respect to generic drugs May 03, 2023 Tina Dekker Janssen Inc. and Janssen Pharmaceutica N.V. (“Janssen”) brought an action against Teva Canada Limited under s. 6(1) of the PM(NOC) Regulations regarding Janssen’s Canadian Patent No. 2,655,335. The Federal Court (FC) found the patent valid (not obvious) and directly infringed in part.
Case summary: Federal Court allows counterclaim against non-asserted claims as of right May 03, 2023 Tina Dekker Boehringer Ingelheim (Canada) Ltd and Boehringer Ingelheim International GMBH (collectively “Boehringer”) sought summary judgment dismissing Sandoz Canada’s and Sun Pharma Canada Inc.’s (the Defendants) counterclaim for invalidity against non-asserted claims in the underlying actions under s. 6(1) of the PM(NOC) Regulations. The Federal Court dismissed the motion, holding that a counterclaim is available as of right to the defendant.
Case summary: Federal Court dismisses motion to adjourn trial that would be against the interests of justice May 03, 2023 Tina Dekker The Defendants, Janssen Inc. and Janssen Oncology, Inc., brought a motion to adjourn the trial for Dr. Reddy’s Laboratories’ (DRL) action under s. 8 of the PM(NOC) Regulations pending the disposition of an appeal brought by a non-party, Apotex.
Method claims to be reconsidered May 02, 2023 Peter W. Choe The Coca-Cola Company [TCCC] appealed a decision of the Commissioner in which the Commissioner adopted the recommendations of the Patent Appeal Board and refused to grant a patent on the basis of obviousness.
Mandatory leave to appeal from interlocutory decisions under the PM(NOC) Regulation May 02, 2023 Will Boyer The Court of Appeal confirmed that leave to appeal is mandatory under section 6.11 of the PM(NOC) Regulations. If leave is not sought, the appeal is at risk of being dismissed outright.
TRAVEL LEADERS expunged for abandonment and punitive damages awarded May 02, 2023 Will Boyer The Travel Leaders trademark has been contentious between these two parties for over a decade. In this decision, TLG succeeded in having the trademark expunged and obtained nominal damages for passing off of another trademark, punitive damages and costs from Ontario Inc.
Case summary: Federal Court affirms refusal of application despite coexistence agreement May 02, 2023 David Bowden The decision involves the refusal, by the Registrar of Trademarks, to approve an application to register the trademark TRIBAL CHOCOLATE in association with hair products. The Registrar refused the application on the basis of its finding that the trademark was likely to be confused with the trademark TRIBAL, which had been previously registered by a third party in association with similar goods.
Case summary: Federal Court finds new material evidence filed on appeal sufficient to partially restore goods and services registered in association with MASTER SADDLE trademarks May 02, 2023 David Bowden This decision involves an appeal of summary non-use cancellation proceedings, pursuant to section 45 of the Trademarks Act, in which all of the registered goods and most of the registered services were deleted from two of the Applicant’s registrations for MASTER SADDLES (in word and design form).
Case summary: Additional evidence on appeal sufficient to establish use of a trademark May 02, 2023 Cindy Bélanger The Applicant appealed the decision of the Registrar of Trademarks expunging its LUCIFER mark (registered for beer and ales) for non-use pursuant to section 45 of the Trademarks Act.
Case summary: Registration of trademark maintained after expungement by registrar May 02, 2023 Cindy Bélanger This is an appeal from the Registrar of Trademarks’ decision expunging the mark NAVIGATOR (registered for chemicals for use in the manufacture of paper products) pursuant to section 45 of the Trademarks Act. The additional evidence filed by the Applicant on appeal was found to be material and as such the Court proceeded on a de novo basis.