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Intellectual
Property

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: Reasonable litigation costs in IP infringement cases

  • February 06, 2024
  • Julianna Felendzer

This cost assessment follows a successful case for the plaintiffs, Janssen Inc. and Janssen Pharmaceutica N.V. (“Janssen”) for a patent infringement case (2022 FC 1218), where the Court ordered a cost assessment by an Assessment Officer (the “AO”).

Intellectual Property

FCA dismisses appeal on refusal of trademark registration for confusion

  • February 06, 2024
  • Natasha Gulati

In this appeal, the Federal Court of Appeal dismissed an appeal with costs wherein the appellant sought to overturn a decision by the Federal Court affirming that the appellant’s word mark TRIBAL CHOCOLATE was not registrable because it was confusing with an already registered word mark, TRIBAL.

Intellectual Property

Case summary: Second person successor to an NDS can rely on predecessor’s NOA

  • February 06, 2024
  • Cheryl Cheung

This case was an application for a judicial review brought by the Applicants, Bayer Inc. and Regeneron Pharmaceuticals, Inc., for a review of a decision by the Minister of Health, issued through the Office of Submissions and Intellectual Property (OSIP), relating to the Patented Medicines (Notice of Compliance) (PMNOC) Regulations.

Intellectual Property

Case summary: Admissibility of expert report

  • February 06, 2024
  • Aarzoo Mahajan

This case involves a patent infringement action where the Plaintiff (McCain) alleges that its patent for a vegetable and fruit treatment process has been infringed by the Defendants (Simplot).

Intellectual Property