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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: Case management judge’s decision in patent action upheld

  • September 06, 2016
  • John Lucas, Deeth Williams Wall LLP

In this decision, Justice Bell of the Federal Court dismissed an appeal from the decision of a case management judge in a patent infringement action that dismissed a motion by the plaintiffs to add individuals as defendants, or alternatively, to relieve the plaintiffs of an implied undertaking not to commence a separate proceeding against those individuals in reliance on documents produced in discovery.

Intellectual Property

Case Summary: Objective assessment of what constitutes a settlement

  • September 06, 2016
  • Cheryl Cheung, Pharmascience Inc.

Allergan had brought an infringement action against Apotex for selling, manufacturing and exporting products containing gatifloxacin. Settlement discussions took place. Allergan brought a motion to enforce the terms of settlement, asserting that, even though no formal agreement had been signed, an agreement had been reached.

Intellectual Property

Case Summary: Appeal of Trade-marks Opposition Board decision moot

  • September 06, 2016
  • Kathryn May

This was an appeal of a decision by the Trade-marks Opposition Board to grant La Tortilla Factory’s applications to register the trade-marks SMART & DELICIOUS WRAPS and SMART & DELICIOUS TORTILLAS, both in association with “tortillas and sandwich wraps.” Canada Bread had unsuccessfully opposed the applications, arguing that these marks were not registrable because they were confusing with Canada Bread’s SMART family of trade-marks.

Intellectual Property

IP Tip Sheet for Brexit

  • July 12, 2016

The recent Brexit vote took a lot of people by surprise – including some of those who voted for it. Currency speculators were particularly hard hit in the short term, but if you’re wondering what difference a British exit from the EU might make to your business in the long run, the CBA’s Intellectual Property Section has produced this tip sheet to provide some early guidance.

Intellectual Property