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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: Is the promise doctrine now a purpose doctrine?

  • August 17, 2018
  • Peter W. Choe

Safe Gaming System Inc. brought an action for infringement of Canadian patent 2,331,238, entitled Safe Gaming System. The defendants are the Nova Scotia Provincial Lotteries and Casino Corporation, the Atlantic Lottery Corporation, and Tech Link International Entertainment Limited.

Intellectual Property

Case Summary: B-Side wins battle of the craft beer trademark

  • August 17, 2018
  • Shaun Cody

This matter dealt with a novel point, namely the legal effect of an applicant providing an incorrect date of first use, but the court effectively sidestepped this and decided that the registered mark was confusing with a prior unregistered mark and therefore unregisterable pursuant to s. 16(1)(a) of the Act.

Intellectual Property

Case summary: ‘Implied undertaking’ makes routine consent protective orders unnecessary

  • August 17, 2018
  • Sam Campbell

Seedlings Life Science Ventures LLC and Pfizer Canada Inc were engaged in a patent infringement dispute. Prior to documentary and oral discovery, Seedling and Pfizer agreed to numerous terms, which would operate in addition to the implied undertaking rule, in order to ensure that the confidentiality of “particularly sensitive” information would be properly protected.

Intellectual Property

Case summary: Redactions must be justified in PM(NOC) proceedings

  • August 17, 2018
  • Tracey Doyle

This was a motion under section 6(7) of the Patented Medicine (Notice of Compliance) Regulations for an order compelling Apotex to provide non-redacted portions of the Abbreviated New Drug Submissions and the Drug Master File for its Apo-darunavir product.

Intellectual Property

Case summary: Material facts are necessary when pleading infringement

  • August 17, 2018
  • Katie O’Meara

Canadian National Railway Company alleged infringement of three patents by tools found on BNSF Railway Company’s website. This decision concerned a motion brought by BNSF to strike CN’s Amended Statement of Claim in its entirety without leave to amend because it was unsupported by material facts as required by Rule 174 and 181 of the Federal Courts Rules, SOR/98-106.

Intellectual Property