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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: 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

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