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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

Case summary: Federal Court Crocs ruling

  • March 16, 2023
  • Shaun B. Cody

This case is significant as a recent decision applying the Industrial Design Act where the Defendant, Double Diamond Distribution Ltd. (“Double Diamond”), was found liable for infringing the industrial design registration of the Plaintiffs (collectively “Crocs”) in a line of footwear that had previously been subject to industrial design registration (“the 939 Design”).

Intellectual Property

Case summary: Motion to have certain evidence in three PMNOC Section 8 actions heard together dismissed

  • March 16, 2023
  • Cheryl Cheung

Apotex Inc. (“Apotex”), Pharmascience Inc. (“Pharmascience”) and Dr. Reddy’s Laboratories Ltd. and Dr. Reddy’s Laboratories Inc. (collectively, “Dr.Reddy’s”) each commenced an action under section 8 of the Patented Medicines (Notice of Compliance) Regulations against Janssen Inc., Janssen Oncology Inc. and BTG International Ltd. (collectively, “Janssen”) in relation to the drug abiraterone acetate.

Intellectual Property

Case summary: Federal Court grants a motion for blocking access to FIFA World Cup live match for unauthorized streaming servers

  • March 16, 2023
  • Jenny Thistle and Shuang Ren

This decision stems from a motion by the Plaintiffs (Bell Media, CTV Specialty Television Enterprises, The Sports Network, and Le Reseau Des Sports (RDS)), for an interlocutory injunction order against the Third Party Respondents (various internet service providers) for a “site blocking” Order.

Intellectual Property

Case summary: Federal Court grants application to add inventor to issued patent

  • March 16, 2023
  • Michal Kasprowicz

Genentech, Inc. (GNE) filed an application seeking to include an additional co-inventor on granted Canadian Patent No. 2,979,671 (671 Patent). The Commissioner of Patents took no position in the matter. The Federal Court was satisfied that the inventor should be added.

Intellectual Property