The Defendants/Plaintiffs by Counterclaim, TELUS Corp and TELUS Health Solutions (Defendants), sought security for costs pursuant to Rule 416(1)(b). The principles applicable on such a motion are well established, including that the quantum of costs is at the discretion of the Court and must correspond to the probable costs to which the Defendant would be entitled.

In an action brought under the Patented Medicines (Notice of Compliance) Regulations, Boehringer Ingelheim (Canada) Ltd, Boehringer Ingelheim Pharma GMBH & Co KG, and Boehringer Ingelheim International GMBH (collectively, “BI”), redacted information from documents before they were disclosed to Pharmascience Inc (“Pharmascience”).

The appellant wholly discontinued an appeal proceeding, entitling the respondent to costs forthwith, which may be assessed. The respondent subsequently filed costs submissions, including a draft bill of costs, which initiated an assessment of costs.

In this decision, the Federal Court of Canada (the “Court”) denied the Plaintiff’s motion to strike a statement of defence. The Plaintiffs sought such orders on the grounds that the Defendants’ failure to appoint new solicitors of record constituted an abuse of process.

This decision involved an appeal of the decision of the Registrar of Trademarks, in which the Registrar had expunged the Applicant’s Trademark Registration No. TMA287136 for the trademark DOUBLE SWALLOW BRAND & DESIGN (the “Trademark”) due to the Applicant’s failure to show evidence of use.

This decision concerned a motion by the Plaintiffs under Rule 36 of the Federal Courts Rules to request a six-month adjournment of the trial of the underlying trademark action. The Plaintiffs requested the adjournment on the basis that its recently retained expert witness needed additional time to prepare her report.

This decision concerned a motion by 2474234 Ontario Inc (“247”) and the Estate of the late Moishe Smith (“Smith”) to set aside the default judgment that was issued against them in connection with Dunns Famous International Holdings Inc.’s (“Dunns”) underlying action for trademark and copyright infringement.

Federal Court establishes inventorship and ownership of a contested patent

The applicant movie production companies sought certification of a reverse class action against a class of about 874 individuals whose IP addresses had allegedly uploaded and downloaded certain files, thereby violating copyright. This follows a first certification motion (see 2019 FC 1412) remanded by the Federal Court of Appeal (2021 FCA 176).

Pharmascience is appealing a judgment in which the Court held that one of Janssen’s patents was not invalid. At the Federal Court, the Patented Medicines (Notice of Compliance) action was bifurcated into infringement and validity actions. Pharmascience also appealed the decision in the summary judgment of the infringement action. This motion was brought by Pharmascience to settle the appeal book contents in the appeal of the validity judgment.