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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 dosage form patent anticipated, obvious, and infringed

  • November 09, 2020
  • Kelly McClellan

This decision relates to infringement actions of Canadian Patent No. 2,371,684 [the 684 Patent] by the Plaintiffs (hereinafter collectively referred to as “Lilly”) against each of four Defendants, Mylan Pharmaceuticals ULC, Apotex Inc., Teva Canada Limited, and Pharmascience Inc.-Laboratoire Riva Inc., and related counterclaims of invalidity by each of the Defendants.

Intellectual Property

Case summary: Federal Court grants injunction against absent defendant in trademark action

  • November 09, 2020
  • David Bowden

TFI Foods Ltd is the exclusive Canadian distributor for I-MEI Foods Co, Ltd. In the decision, the court granted the plaintiff’s motion for an interlocutory injunction, under which Every Green International Inc is enjoined from selling or offering for sale any products bearing I-MEI’s trademark that falsely identify Every Green as the exclusive distributor for I-MEI in Canada.

Intellectual Property

Case Summary: Meagre evidence dooms default judgment

  • November 09, 2020
  • Peter W. Choe

TatuYou filed a statement of claim alleging that H2Ocean, Inc. infringed a patent for a “transparent breathable polyurethane film for tattoo aftercare and method.” TatuYou claimed that the defendant infringed the patent by selling a transparent adhesive dressing called a “D-Lize Pro” in Canada.

Intellectual Property

Case summary: Lawther does not provide objective approach for determining jurisdiction

  • November 09, 2020
  • William S. Foster

This is an appeal by Salt Canada Inc. from a judgment of the Federal Court dismissing its application for an order directing the Commissioner of Patents to vary the records of the Patent Office to reflect it as the owner of Canadian Patent No. 2,222,058. Justice Boswell dismissed Salt’s application on the basis that the court did not have jurisdiction to adjudicate the underlying contractual dispute between the parties. The Federal Court of Appeal reversed and allowed the application.

Intellectual Property

Case summary: Lump sum costs award for patent infringement action

  • November 09, 2020
  • David Chapman

Bauer Hockey Ltd. brought an action for patent infringement against Sport Maska Inc., doing business as CCM Hockey. This action, was ultimately unsuccessful (see Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey), 2020 FC 624). The court initially reserved on the issue of costs, which was addressed by this decision.

Intellectual Property

Case summary: Calculation of damages for copyright infringement

  • October 28, 2020
  • Hung Nguyen, Deeth Williams Wall LLP

In a previous motion for summary judgement, the Federal Court of Canada held that the defendants were jointly and severally liable for infringing Rallysport Direct’s copyright by unlawfully reproducing and displaying RSD’s works on the website www.subiedepot.ca. The FCC then ordered that damages would be the subject of a subsequent order.

Intellectual Property