Janssen initiated a patent infringement action pursuant to ss 6(1) of the PMNOC Regulations, relating to Canadian Patent No. 2,655,335, and Janssen’s INVEGA SUSTENNA® (paliperidone palmitate). Teva filed an ANDS with Health Canada seeking approval to sell its own paliperidone palmitate product in Canada. On Jan. 9, 2018, Teva served Janssen with a Notice of Allegation pursuant to the Regulations, and Janssen commenced this action.

Beyond Restaurant Group LLC brought an application to expunge the POKEWORKS trademark (Canadian trademark registration No. TMA985822) registered in the name of the respondent. The applicant alleged that the impugned mark had not been used by the respondent, was not distinctive of the respondent’s services, and that the respondent had filed a false Declaration of Use in an attempt to “squat” on the applicant’s trademark rights.

Summary judgment motion refused after trial adjourned due to Covid.

In this matter, the defendant, Jempak, sought summary judgment against the plaintiff, Gemak, in a patent infringement claim (or in the alternative, an order directing a summary trial on the issue of non-infringement).

The Respondent Minister of Health refused Natco’s Abbreviated New Drug Submission for a Notice of Compliance for its generic drug comparing to a drug marketed by the Respondent Gilead. After the hearing for Natco’s application for judicial review was adjourned due to COVID-19, Natco requested that the hearing proceed by video conference.

Toys “R” Us (Canada) Ltd. brought an application in the Federal Court of Canada to enforce its TOYS R US registered marks against a cannabis dispensary, Herbs “R” Us Wellness Society. Toys claimed that Herbs’ use of its HERBS R US design mark constituted trademark infringement, passing off, and depreciation of goodwill, contrary to the Trademarks Act.

The appellant appealed the decision of the Registrar of Trademarks in maintaining the respondent’s registrations for FORGET-ME-KNOT and LOVE-KNOT covering, inter alia, jewellery.

This decision concerned the costs of a patent infringement action brought by Seedlings Life Science Ventures LLC against Pfizer Canada ULC, in which Pfizer was successful on all issues.

Request for costs rejected

Copyright Board ‘relatively unconstrained’