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Ambiguity Strikes Again: The Court of Appeal Finds the Claims Ambiguous

IP Decisions /

On January 22, 2026, the Federal Court of Appeal (per Locke J.A, Roussel J.A., and Goyette J.A.) (“FCA”) upheld the Federal Court’s (“FC”) ruling that certain claims in AP&C ADVANCED POWDERS & COATINGS INC.’s Canadian Patents Nos. 3,003,502 and 3,051,236 (collectively, the “AP&C Patents”) were ambiguous and therefore invalid. This decision is notable for at […]

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Federal Court Outlines Test for Admitting New Evidence on Appeals From the Trademarks Opposition Board

Trademarks /

Co-authored with Marc Mitri On January 16, 2026, the Federal Court (per McHaffie J) held that the Trademarks Opposition Board (“Board”) erred in refusing registration of Products Unlimited, Inc.’s (“Applicant”) FILTER DESIGN trademark. Of note, this was the first judicial decision to consider the interpretation of subsection 56(5) of the Trademarks Act (effective April 1,

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New Owner Jurisprudence – FCA Accepts a Flexible Interpretation of Section 45 of the Trademarks Act

Trademarks /

In a decision issued January 9, 2026, the Federal Court of Appeal (per LeBlanc JA, Roussel JA, and Heckman JA) (“FCA”) upheld the Federal Court’s (“FC”) decision to maintain three of Coors Brewing Company’s (“Coors”) trademark registrations related to beer products (collectively “the Trademarks”). The FC had held there were special circumstances that excused the

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Patients Are A Relevant Consumer in the Trademark Confusion Analysis For Biosimilars

Trademarks /

Co-authored with Emily Johnston On November 28, 2025, the Federal Court of Appeal (Per Woods JA and Laskin JA) (“FCA”) held that the Federal Court (per Pallotta J) (“FC”) did not err in (1) enjoining Samsung Bioepis (“Samsung”) and Biogen, et al (collectively “Biogen”), as well as their licensees, from using the trademark BYOOVIZ in

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Health Canada and FDA Move Towards A Request for Information Sharing (RIS) Program for Generic Drugs

Health Canada /

On December 1, 2025, Health Canada announced the creation of a joint program with the U.S. Food and Drug Administration (FDA) to support the establishment of a Request for Information Sharing (RIS) program for generic drugs. Specific commitments and timelines under this program have not yet been released. The RIS program is intended to facilitate

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Federal Court Goes All-In on Claim Construction in Assessing Patentable Subject Matter

IP Decisions /

Co-authored with Adam Haller On November 12, 2025, the Federal Court (per Whyte Nowak J.) held that the Commissioner of Patents (the “Commissioner”) made several errors of law in finding that an application for a “Method for Playing a Card Game” did not qualify as patentable subject matter under the Patent Act. The Court remitted

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Common Design Infringement Finds its Footing in Canada

IP Decisions /

In the latest chapter of the Adeia Guides Inc. (formerly “Rovi”) (“Adeia”) and Videotron Ltd. (“Videotron”) patent infringement battle, Adeia alleged that Videotron infringed four patents within the same family related to digital entertainment technologies. Videotron denied infringement and counterclaimed for invalidity on the basis of anticipation, obviousness, and in the case of one patent,

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The FCA Digs Into Downhole Hydraulic Fracturing Patent

IP Decisions /

Co-authored by Delara Emtyazi (Student-at-Law) In a decision issued October 20, 2025, the Federal Court of Appeal (per Walker J.A. with Stratas J.A. and Monaghan J.A. concurring) (“FCA”) held that the Federal Court (per McVeigh J) erred in construing the claims of Kobold Corporation’s (“Kobold”) Canadian Patent No. 3,027,571 (“‘571 Patent”) and as a result,

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What You Claim Is What You Get; The Disclosure Cannot Change It

IP Decisions /

On July 29, 2025, the Federal Court of Appeal (“FCA”) per Rennie J.A. dismissed an appeal from a trial judgment that found all claims in AGI Suretrack, LLC’s (“AGI”) 742 Patent invalid for anticipation or obviousness. AGI Suretrack, LLC v. Farmers Edge Inc. 2025 FCA 134 Background AGI’s 742 Patent relates to agricultural technology that

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