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Intellectual
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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: Submission of evidence in motions

  • November 18, 2021
  • Kristen Shaw Pablo Tseng

Following a claim of patent infringement, NCS Multistage Inc. (“NCS”) filed a motion for summary judgment on the basis of non-infringement, relying on the prior use defence under section 56 of the Patent Act, RSC 1985, c P-4 (the “PA”). NCS filed a fact affidavit in support of the summary judgment motion.

Intellectual Property

Case summary: Court awards costs under the tariff following patent infringement action

  • November 18, 2021
  • David Schnittker

In this decision, Justice McHaffie provided reasons for awarding costs. The underlying litigation was a patent infringement action where the Court dismissed Guest Tek Entertainment Ltd.’s (“Guest Tek”) claim for patent infringement, and Nomadix Inc.’s (“Nomadix”) counterclaim for declarations of invalidity.

Intellectual Property

Federal Court strays from lump sum award in granting increased costs

  • November 18, 2021
  • Ben Pearson

After finding the asserted claims of DeepRoot’s patents were valid and infringed by the Defendant, GreenBlue Urban North America Inc. and dismissing GreenBlue’s counterclaim, the Court directed the parties to discuss costs and make submissions if unable to agree as to quantum.

Intellectual Property

Case summary: Contempt for publishing new version of copyright infringing material

  • November 18, 2021
  • Alan Macek

The applicant sought to find the respondent and his company in contempt of an earlier ruling (see 2016 FC 294 affirmed 2018 FCA 222), in which infringement was found of the CSA’a 2015 Canadian Electrical Code. The alleged contempt was based on reproduction of a new version of the code through a new related corporate entity based in the United States.

Intellectual Property

Case summary: Reverse class action affirmed in copyright infringement claim

  • November 18, 2021
  • Homira Haqani

In this case, Voltage Pictures, LLC, a group of production companies (“Voltage”), sought certification of a respondent class proceeding, known as a “reverse class action.” Voltage alleged copyright infringement of five of its films and contended that the Appellant, and Respondent on cross-appeal, Robert Salna, had infringed its copyright by enabling the films to be downloaded through BitTorrent, a protocol for peer-to-peer sharing.

Intellectual Property

Federal Court declines to award lump sum costs

  • November 18, 2021
  • Natasha Gulati

This decision of the Court of Appeal on costs follows the Court’s decision of May 26, 2021, in which it upheld a Federal Court decision awarding the respondents an interlocutory injunction in a copyright infringement action.

Intellectual Property

Case Summary: Federal Court of Appeal affirms Eli Lilly’s right to damages and interest after decades-long battle with Apotex

  • November 18, 2021
  • Kenneth Clark and Jose Garcia Bonilla

In 1997, Eli Lilly US and Eli Lilly Canada (collectively, “Eli Lilly”) brought an action against Apotex Inc., (“Apotex”) claiming damages for patent infringement under s.55(1) of the Patent Act for its bulk import of cefaclor for use in Apo-cefaclor, which it sold in Canada. In 2014, the Federal Court awarded damages for lost profits, and an award of compound interest. Apotex appealed both.

Intellectual Property