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 trademarkâs description of wares.
Case summary: FCA denies stay of permanent injunction during appeal of underlying case October 28, 2020 Katie OâMeara, 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 respondentâs 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.
Case summary: Federal Court refuses requests for leave to adduce reply expert evidence October 26, 2020 Jenny Thistle, Gowling WLG (Canada) LLP This decision concerns a request from both parties for the court to permit reply expert reports in an infringement action related to Canadian Patent 2,800,746, titled âPressure Assisted Oil Recovery,â involving oil extraction technology.
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 Ministerâs decision to refuse to issue a Certificate of Supplementary Protection for Glaxoâs SHINGRIX shingles vaccine.
Case summary: Court dismisses âproblem-solutionâ 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. Choueifatyâs patent application on the ground that the essential elements of the claimed patent fall outside the definition of âinventionâ 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.
Case summary: FCA applies âfull costâ approach to accounting of profits October 26, 2020 Alan Macek, DLA Piper (Canada) LLP This is a public version of confidential reasons for judgment issued to the parties. There are no redactions from the confidential reasons for judgment.
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.
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 âquarter.â 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 âquarter.â
Case summary: Appeal of decision to refuse a mark for being confusing dismissed July 31, 2020 Jenny Thistle This decision concerns the appeal of a decision of the Registrar of Trademarks, refusing the trademark application for FREDDO (for coffee/tea-related goods, jewellery/other merchandise-related goods, and restaurant/franchise-related services).
Case summary: Burden of proof saves HORLICKS registrations July 31, 2020 Peter W. Choe Bedessee Imports Ltd. seeks an order expunging the trademarks HORLICKâS and HORLICKS. The application was dismissed by the Federal Court, and the Federal Court of Appeal affirmed the decision.