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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.

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Case summary: Finding of no relevant information ends motion to remove solicitor

May 17, 2017
Alan Macek

Sikes v Encana Corporation, 2017 FCA 37

Case Summary: Dismissal of motion for an interlocutory injunction upheld

May 17, 2017
Shaun B. Cody

TearLab Corporation v I-Med Pharma Inc. and The Regents of the University of California 2017 FCA 8

Case Summary: Extraordinary damages confirmed in Chanel counterfeiting case

May 17, 2017
Ruth M. Corbin

Lam v Chanel S. de R. L., 2017 FCA 38

Case Summary: Federal Court reviews finds strong motivation to achieve invention

May 17, 2017
Kiernan A. Murphy

AstraZeneca Canada Inc et al v Mylan Pharmaceuticals ULC et al, 2017 FC 142

Case Summary: Federal Court awards $1.5 million in damages for patent infringement

May 17, 2017
Veronica Tsou

The analysis for damages focused on the hypothetical licence negotiation that would have taken place between the parties to determine a reasonable royalty. In terms of the extent of actual infringement, 21 infringing landing gears were manufactured and used, but never sold to any customer.

Case summary: Conclusion that failed to consider all evidence is unreasonable, court says

May 17, 2017
David Bowden

Access Copyright, the Canadian Copyright Licensing Agency, sought judicial review of a decision of the Copyright Board of Canada which certified royalty rates for the reproduction of works in its repertoire by elementary and secondary educational institutions.

Case Summary: Costs awarded at the higher end of Column IV