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 »
On February 14, 2025, the Federal Court (per Fuhrer J.) found that Joanna Habbous, owner of the registered trademark PHYSIOHEALTH STUDIOS, had established infringement, passing off, and depreciation of goodwill against Arc Physio Health Ltd. The application was, however, dismissed against the named personal Respondents. Habbous v. Arc Physio Health Ltd., 2025 FC 297 Background Ms.
Importance of Brand Strength: The Arc of Confusion in Physio Health Trademark Read More »
The Alberta Court of Appeal (the “Court of Appeal”) held that the six-year limitation period in the Patent Act applies to infringement actions filed in the Alberta court, not the two-year period prescribed by provincial law. The plaintiff’s claim was not statute-barred and was remitted to the trial court for continued litigation. JL Energy Transportation
Six-Year Limitation Period Applies to Patent Infringement Claims Filed in Alberta Court Read More »
Co-written with Emily Papsin The Federal Court (per Zinn J.) set aside a decision by the Commissioner of Patents (“Commissioner”) refusing to reinstate Matco Tools Corporation’s (“Matco”) patent application which had been deemed abandoned for failure to pay maintenance fees. The Court found that the Commissioner did not conduct the requisite two-stage inquiry to assess
The Federal Court (O’Reilly J.) dismissed an application for judicial review brought by Bayer Inc. (“Bayer”). The Court found that the Minister of Health (the “Minister”) was not unreasonable in not determining the Bayer patent’s eligibility for listing on the patent register the same day it was received for consideration. Bayer Inc. v. Amgen Canada
Court holds that Health Canada patent listing delay is reasonable Read More »
On January 3, 2025, the Federal Court (per McVeigh J) dismissed an application alleging passing off of the unregistered trademark “Indican Pictures” because the Applicant did not establish use of its mark prior to the Respondent beginning to use its allegedly confusing marks. 2K4 Inc. (Indican Pictures) v. Indiecan Entertainment Inc., 2025 FC 20 Background
From Reel to Real: The Importance of Prior Use Evidence in Passing Off Cases Read More »
