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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: Federal Court refuses pleadings amendments on the eve of trial

  • January 31, 2022
  • Michal Kasprowicz

NCS Multistage (NCS) appealed two Orders denying its request, on the eve of trial, to amend its pleading to: (a) include a remedy of a constructive trust; and, (b) allege that the patent infringement at issue had started earlier than originally claimed and to compel production of certain technical drawings from this earlier period. NCS’s appeal was dismissed.

Intellectual Property

Federal Court of Appeal upholds Federal Court finding that patent claims for patent to apparatus and method for rapid auto-injection of medication are invalid and not infringed

  • November 19, 2021
  • Kelly McClellan

The Federal Court of Appeal upheld Seedlings Life Science Ventures v Pfizer Canada, 2020 FC 1, that found patent claims of an apparatus and method for rapid autoinjection (the ‘935 Patent) invalid for overbreadth, certain claims invalid for anticipation and obviousness, and not infringed (¶4, 6), and set aside the Federal Court’s conclusion that claims for an accounting of profits would be disallowed from licensees (¶77-81).

Intellectual Property

Case summary: Pfizer Canada ULC v Seedlings Life Science Ventures LLC, 2021 FCA 155

  • November 19, 2021
  • Kelly McClellan

The Federal Court of Appeal dismissed an appeal of a Federal Court judgment (Seedlings Life Science Ventures v Pfizer, 2019 FC 1396 (FC Reasons)), that admitted into evidence certain documents produced as business records related to remedies during examination for discovery of a witness in a patent infringement trial because it determined the issue was moot (FCA Reasons, ¶1,6).

Intellectual Property

In the alternative: An unusual alternative request to damages

  • November 18, 2021
  • Ben Pearson

DeepRoot brought patent infringement action alleging that GreenBlue’s “RootSpace” product infringes various claims of their Patents number 2,552,348 (348 Patent) and number 2,829,599 (599 Patent). The Patents related to a subsurface structural cell system that supports the hardscape (e.g. sidewalk), enables stormwater retention and filtration as well as allowing tree roots to grow in uncompacted soil.

Intellectual Property

Federal Court upholds decision in simplified action for copyright infringement

  • November 18, 2021
  • Natasha Gulati

In this decision, the Federal Court considered an appeal of a simplified action for copyright infringement of six photographs (the “Photographs”) decided by Prothonotary Fulanetto (as she then was). The decision under appeal awarded the author of the Photographs, Respondent Alexander Stoss, $3,983.40 in damages and $9,493.94 in costs.

Intellectual Property