Federal Court of Appeal affirms Federal Court decision in a copyright infringement case

This case revolved around a copyright infringement dispute involving three streaming services operated by the appellants.

The Respondent initiated a summary cancellation proceeding under section 45 of the Trademarks Act, RSC 1985 c T-13 (the “TMA”) against the Applicant (“NBCL”) for their registered mark “NORTH BREWING.” The Registrar of Trademarks sent the cancellation notice of NBCL’s registered mark on May 31, 2021.

This motion under Rule 414 of the Federal Courts Act was for an order to fix “the Court approved post-judgment interest rate” and amend a prior Certificate of Assessment.

In a 2021 trial decision, two BMS patents were found to be valid and infringed by generic products to be made and sold by Pharmascience and Sandoz. In the subsequent costs decision, the Court declined to fix costs in a lump sum amount, and instead awarded costs at the upper end of Column V of Tariff B to be determined on an assessment.

In this decision, the Federal Court dismissed a motion by the plaintiff for production of documents that the defendants claimed were protected by litigation privilege.

In this case, the Defendants (JAMP) successfully brought a motion for an extension of time to serve notice and conduct inter partes testing in the context of two proceedings commenced by the Plaintiffs (GILEAD) pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations.

This case involves an appeal under section 56 of the Trademarks Act, in which the Opposition Board refused an application for the trademark "SPIRIT BEAR COFFEE COMPANY" for coffee and related retail services.

The Defendants, the Canadian Anti-Hate Network and Morgan Yew, filed a motion seeking to strike the Plaintiff’s Statement of Claim under Rules 221(1)(a), (c), and (f) of the Federal Courts Rules.

Federal Court of Appeal rejects test for patentable subject matter