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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

Case summary: Federal Court finds OPSUMITĀ® (macitentan) patent valid

  • August 17, 2022
  • Cheryl Cheung

The plaintiffs, Janssen Inc. and Actelion Pharmaceuticals Ltd, brought this patent action against Sandoz Canada Inc. pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance Regulations) in relation to the prescription medication OPSUMITĀ®, containing the compound macitentan as the active ingredient.

Intellectual Property

Case summary: Elevated costs awarded as a result of a failure to bifurcate

  • August 16, 2022
  • Mackenzie Jamieson

These reasons deal with the costs and disbursements payable to Google (Defendants) as a result of their successful counterclaim as determined in 2021 FC 1435, in which McDonald J held that PSETā€™s (Plaintiff) ā€˜167 patent was invalid and not infringed. Ultimately McDonald J awarded costs at a higher level by reference to the upper range of Column of IV of Tariff B.

Intellectual Property

Case summary: Federal Court returns request for amended statement of opposition to TMOB

  • August 16, 2022
  • Natasha Gulati

In this case, the Federal Court allowed an appeal of a decision by the Trademarks Opposition Board on behalf of the Registrar to reject a request by Anheuser-Busch, LLC for leave to file an amended Statement of Opposition pursuant to section 48 of the Trademarks Regulations, SOR/2018-227 in the opposition of H.OW. Medical Solutions Ltd.ā€™s trademark application for the mark HELPING PEOPLE FEEL BETTER ONE BUD AT A TIME in association with a broad range of cannabis products filed on May 11, 2018.

Intellectual Property

Case summary: Federal Court rules on diaper patents

  • August 16, 2022
  • Anika Klassen and Pablo Tseng

In 2016, Angelcare Development Inc. and other companies (collectively, ā€œAngelcareā€) sued Munchkin, Inc. and Munchkin Baby Canada, Ltd (ā€œMunchkinā€) for patent infringement, referencing six patents in connection with its ā€œDiaper Genieā€ diaper disposal system: 2,640,384, 2,855,159, 2,936,415, 2,936,421, 2,937,312, and 2,686,128 (collectively, the ā€œPatentsā€).

Intellectual Property

Case summary: Federal Court dismisses patent action related to interactive TV program guides

  • August 16, 2022
  • David Schnittker

Rovi Guides, Inc. (ā€œRoviā€) brought an action alleging Videotron Ltd. (ā€œVideotronā€), infringed four of its patents related to interactive TV program guides (ā€œIPGsā€) ā€“ interactive guides that display TV program schedules: the ā€˜061, ā€˜870, ā€˜344, and ā€˜629 Patents. The Court ruled in favour of Videotron, finding all four patents obvious.

Intellectual Property

Case summary: Court maintains evidentiary burden for owners in section 45 proceedings

  • August 16, 2022
  • Ben Pearson

Fasken Martineau DuMoulin LLP (Fasken) appealed the decision (2021 TMOB 56) of the Registrar of Trademarks (the Registrar), regarding the section 45 proceedings Fasken had commenced against GENTEC, a partnership consisting of 9011089 Ontario Limited and 2494979 Ontario Limited (Gentec) for their trademark ā€œIQā€ (Trademark Registration No. TMA 780,998) (the Mark) with respect to the good ā€œheadphones.ā€

Intellectual Property