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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: Not necessary for trademark owner to be identified on packaging

  • October 28, 2020
  • Ken Clark and Lawrence Veregin, Aird & Berlis LLP

This decision concerns an appeal of a Trademarks Opposition Board decision (2018 TMOB 157) regarding the necessity to identify a trademark owner when a trademark is used under licence and the precision of language required in a trademark’s description of wares.

Intellectual Property

Case summary: FCA denies stay of permanent injunction during appeal of underlying case

  • October 28, 2020
  • Katie O’Meara, Fineberg Ramamoorthy LLP

This appeal was dealt with in writing without the appearance of the parties. The appeal concerned a motion for a stay of a judgment of the Federal Court until the Federal Court of Appeal determined the appeal. The Federal Court had found that the appellants had infringed the respondent’s patent and granted a permanent injunction. The appellants appealed and asked for an order staying the injunction, damages, interest and cost award until the appeal of the underlying decision was determined.

Intellectual Property

Case summary: No stay of a judgment that was not time-limited

  • October 26, 2020
  • Cheryl Cheung

The present motion was brought in the context of an appeal from a Federal Court judgment on a judicial review application of the Minister’s decision to refuse to issue a Certificate of Supplementary Protection for Glaxo’s SHINGRIX shingles vaccine.

Intellectual Property

Case summary: Court dismisses ‘problem-solution’ approach to claims construction

  • October 26, 2020
  • Pablo Tseng, McMillan LLP

[1] This is an appeal from a decision of the Commissioner of Patents refusing Mr. Choueifaty’s patent application on the ground that the essential elements of the claimed patent fall outside the definition of ‘invention’ in section 2 of the Patent Act, RSC 1985, c P-4. [2] This appeal turns on whether the Commissioner applied the proper test when construing the essential claims of the patent application. I agree with the Appellant that she did not. This appeal must be allowed.

Intellectual Property

Case summary: FC finds patent to be valid and infringed on remittance from FCA

  • September 09, 2020
  • Natasha Gulati, Borden Ladner Gervais LLP

This was a matter remitted to the Federal Court of Canada by the Federal Court of Appeal. In a first action, Bombardier Recreational Products Inc. alleged, by the end of trial, infringement of 49 claims from four patents in respect of snowmobiles.

Intellectual Property

Case summary: Patent Act integrates prosecution history

  • September 08, 2020
  • Natasha Gulati, Borden Ladner Gervais LLP

Bauer Hockey Ltd. brought this action against Sport Maska Inc. (doing business as CCM Hockey) for infringement of its patent for a pattern for a skate component called the “quarter.” In particular, the patent in issue claimed that whereas the upper of a hockey skate is typically made up of two quarters sewn together, the skate upper comprises a one-piece “quarter.”

Intellectual Property

Case summary: Burden of proof saves HORLICKS registrations

  • July 31, 2020
  • Peter W. Choe

Bedessee Imports Ltd. seeks an order expunging the trademarks HORLICK’S and HORLICKS. The application was dismissed by the Federal Court, and the Federal Court of Appeal affirmed the decision.

Intellectual Property