On March 20, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) released an important decision in the patent dispute between ProSlide and WhiteWater, two competitors in the water slide industry. The ruling restores the validity of three of ProSlide’s patents relating to water slides but confirms that WhiteWater […]
On February 25, 2026, the Federal Court of Appeal (per De Montigny C.J., Webb J.A. and Pamel J.A.) (“FCA”) upheld a Federal Court decision (discussed in our previous blog post) that Promotion in Motion Inc. (“PIM”)’s trademarks SWISSKISS and SWISSKISS & Design (in association with Swiss chocolate) were not registrable in light of Hershey Chocolate
Federal Court of Appeal: Don’t Kiss Online Trademark Confusion Surveys Goodbye Read More »
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
Ambiguity Strikes Again: The Court of Appeal Finds the Claims Ambiguous Read More »
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
Federal Court Goes All-In on Claim Construction in Assessing Patentable Subject Matter Read More »
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,
Common Design Infringement Finds its Footing in Canada Read More »
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,
The FCA Digs Into Downhole Hydraulic Fracturing Patent Read More »
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
What You Claim Is What You Get; The Disclosure Cannot Change It Read More »
On August 8, 2025, the Federal Court of Appeal (“FCA”) held that Amgen Inc. (“Amgen”), a biosimilar manufacturer, was not required to address Bayer Inc.’s (“Bayer”) newly issued patent (the “315 Patent”) for EYLEA (aflibercept) under the PM(NOC) Regulations because it had not been added to the Patent Register when Amgen’s New Drug Submission
On June 13, 2025, the Federal Court (per McHaffie J) held that J.R. Simplot Company (“Simplot”) did not infringe a patent owned by McCain Foods (“McCain”) by applying an electric field to uncooked potatoes before cutting them into French fries. McCain owned Canadian Patent No. 2,412,841 (“Patent”) until its expiry in 2021. The Patent claimed
McCain’s Patent Action Zapped By Pulsed Electric Field Read More »
Co-authored by Dino Clarizio On January 31, 2025, the Federal Court (per Gascon J.) dismissed a motion for summary judgment in a copyright infringement action involving a “Rosie the Riveter” design because the moving party failed to prove that there was no “genuine issue” for trial. The Court found that, on the facts and law,
Summary Judgment Denied in a Riveting Rosie Copyright Battle Read More »
