Appeal of a prohibition order granted under the Patented Medicines (Notice of Compliance) Regulations dismissed.

This was an appeal of an order by Prothonotary Morneau in Docket No. T-2125-15, staying the appeal of a decision by the Trade-marks Opposition Board pending the disposition of related trade-mark proceedings in Docket No. T-1104-15.

The Federal Court of Appeal set aside the judgments of the Federal Court, and remitted the matter to the Federal Court for redetermination, excluding hearsay evidence.

In this decision, Justice Bell of the Federal Court dismissed an appeal from the decision of a case management judge in a patent infringement action that dismissed a motion by the plaintiffs to add individuals as defendants, or alternatively, to relieve the plaintiffs of an implied undertaking not to commence a separate proceeding against those individuals in reliance on documents produced in discovery.

Allergan had brought an infringement action against Apotex for selling, manufacturing and exporting products containing gatifloxacin. Settlement discussions took place. Allergan brought a motion to enforce the terms of settlement, asserting that, even though no formal agreement had been signed, an agreement had been reached.

This was an appeal of a decision by the Trade-marks Opposition Board to grant La Tortilla Factory’s applications to register the trade-marks SMART & DELICIOUS WRAPS and SMART & DELICIOUS TORTILLAS, both in association with “tortillas and sandwich wraps.” Canada Bread had unsuccessfully opposed the applications, arguing that these marks were not registrable because they were confusing with Canada Bread’s SMART family of trade-marks.

The recent Brexit vote took a lot of people by surprise – including some of those who voted for it. Currency speculators were particularly hard hit in the short term, but if you’re wondering what difference a British exit from the EU might make to your business in the long run, the CBA’s Intellectual Property Section has produced this tip sheet to provide some early guidance.

L’Oréal société anonyme v. Cosmética Cabinas, s.l., 2016 CF 680

Craig Bell, Barrister & Solicitor for the Plaintiffs. David W. Aitken, Aitken Klee LLP for the Defendants.

Newsletter Committee Chair Chantal Saunders of Borden Ladner Gervais introduces the latest in the Section’s series of IP Case Summaries.