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Federal Court Makes Rare Holding that Patent Claims are Invalid for Ambiguity

IP Decisions /

Co-authored by Emily Papsin The Federal Court recently held (per McHaffie J.) that the impugned claims of two related patents for an additive manufacturing process (3D printing) were invalid and not infringed because an essential element (“depletion layer”) was ambiguous. Tekna Plasma Systems Inc. v. AP&C Advanced Powders & Coatings Inc., 2024 FC 871 Background […]

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Court Overturns TMOB Decision Based on New Evidence of Earlier and Continuous Use

IP Decisions /

The Federal Court (Tsimberis J.) recently held that the Applicant, F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. (“Applicant” or “Fial”) is entitled to register the trademark, GALPERTI pursuant to ss. 38(2)(c) and 16(1)(a) of the Trademarks Act (the “Act”) in an appeal of a decision of the Trademarks Opposition Board (“Board”) that had refused Fial’s application

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Supreme Court of Canada Dismisses Application for Leave in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10

IP Decisions /

On June 27, 2024, the Supreme Court of Canada dismissed the applications for leave to appeal in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10, both Federal Court of Appeal decisions pertaining to inducing infringement of a patented dosing regimen. We published

Supreme Court of Canada Dismisses Application for Leave in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10 Read More »

Federal Court Grants an Application to Add Inventors and an Owner to an Issued Patent

IP Decisions /

 On May 31, 2024, the Federal Court (Tsimberis J.) granted an application to correct the inventorship of an issued patent. The decision provides a clear explanation of the relevant legal principles (Patent Act, s. 52) and the type of evidence that must be led to obtain relief. Smith Sport Optics, Inc. v. Canada (Commissioner of

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Court Dismisses Passing Off and Expungement Action After Summary Trial

IP Decisions /

This was a motion for summary trial in a passing off and expungement case between competitors in the mobile video game market. The Court (per Fuhrer J.) held that summary trial was an appropriate vehicle for deciding the Plaintiff’s claims for passing off and expungement of the Defendant’s registration – and that those claims were

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Federal Court Re-Iterates that the Fair Dealing Exception to Copyright Infringement is Fact Specific

IP Decisions /

On May 31, 2024, the Federal Court (Roy J) released its decision on the summary judgment motion brought by the Attorney General of Canada (“AGC”) on behalf of Parks Canada, in which he dismissed Blacklock’s Reporter’s (“BR”) copyright infringement action against the AGC. This matter is one of several related and contextually similar actions brought

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Red Maple Manufacturing Inc. v. Red Maple Bio Inc. 2024 FC 817

IP Decisions /

On May 29, 2024, the Federal Court (Whyte Nowak J.) granted Red Maple Manufacturing Inc.’s (the “Applicant”) appeal pursuant to subsection 56(1) of the Trademarks Act. The Applicant appealed a decision from the Trademarks Opposition Board (“the Board”) ordering the removal of certain goods from the Applicant’s Trademark Registration. Red Maple Manufacturing Inc. v. Red

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Parliamentary Committee Issues Report on PMPRB Reform. Calls for “Comprehensive Response” by the Government

IP Decisions /

Parliamentary Committee Issues Report on PMPRB Reform. Calls for “Comprehensive Response” by the Government On May 6, 2024, Canada’s Standing Committee on Health (“HESA”) issued a report containing “ten recommendations on how the Government of Canada can enable the Patented Medicine Prices Review Board (“PMPRB”) to more effectively carry out its mandate and implement its

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Federal Court of Appeal Interprets “Use” in Section 42 of the Patent Act

IP Decisions /

The Federal Court of Appeal (per Heckman J.A.) dismissed an appeal by Steelhead LNG (ASLNG) Ltd. and Steelhead LNG Limited Partnership (collectively, “Steelhead”) from a summary trial judgment dismissing Steelhead’s patent infringement action. This appeal turned on the meaning of “use” under section 42 of the Patent Act. Steelhead LNG (ASLNG) Ltd v Arc Resources

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