Earlier today, the United States Supreme Court released a decision in Global-Tech Appliances, inc. v. SEB S.A. (PDF) on the test for inducement of infringement. The majority held that induced infringement requires knowledge that the induced acts constitute patent infringement.
Monthly Archives: May 2011
Use of technology at the Federal Court
The Federal Courts Rules Committee has issued a discussion paper regarding possible changes to the Federal Courts Rules to allow for better use of technology in the Court. Comments are requested by
June 17, 2011July 15, 2011.
Masterpiece decision released by SCC
Earlier today, the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 relating to the analysis of likelihood of confusion between trademarks. The decision is an appeal from the Federal Court of Appeal in 2009 FCA 290.
En banc CAFC rules on inequitable conduct
The U.S. Court of Appeals for the Federal Circuit released its en banc decision in Therasense (PDF). The majority held that the defendant must prove the applicant misrepresented or omitted material with a specific intent to deceive the patent office to be successful with an inequitable conduct defence.
SCC to release decision in Masterpiece
The Supreme Court of Canada announced that it will be releasing its decision in Masterpiece Inc. v. Alavida Lifestyles Inc. on Thursday, May 26. The case is an appeal from the Federal Court of Appeal decision in 2009 FCA 290 and relates to the likelihood of confusion between trademarks. Continue reading SCC to release decision in Masterpiece
Application granted in Donepezil
Yesterday, the Federal Court released a decision in Pfizer Canada Inc. v. Mylan Pharmaceuticals ULC, 2011 FC 547 (Donepezil) (Court File No. T-1118-09).
In the decision, Justice Hughes allowed Pfizer’s application and prohibited the Minister of Health from issuing an NOC to Mylan until expiry of the patent. The key issue addressed by the court was whether the patent was invalid on the basis of an unsound prediction of utility.
New FC decision in Harmony Consulting Ltd
Yesterday, the Federal Court released a decision in Harmony Consulting Ltd. v. G.A. Foss Transport Ltd., 2011 FC 540 (T-1269-05) relating to the award of costs after an unsuccessful copyright infringement action (2011 FC 340). After identifying that the defendant was completely successful, the plaintiff had not accepted a settlement offer prior to trial and findings of misconduct against the plaintiff, the Court ordered costs against the plaintiff as a percentage of solicitor and client costs.
Changes at the Supreme Court
The Supreme Court of Canada announced that Justice Ian Binnie and Justice Louise Charron will be retiring at the end of August.
New FCA decision in BBM Canada v. RIM
Yesterday, the Federal Court Appeal released a decision in BBM Canada v. Research in Motion Limited, 2011 FCA 151 (A-347-10).The FCA held that a claim for trade-mark infringement could be brought by way of an application rather than an action.
The Lawyers Weekly article on copyright appeals
Jenna Wilson and I wrote an article for The Lawyers Weekly, May 6, 2011 issue, on the series of copyright appeals that will be heard by the Supreme Court of Canada.
Continue reading The Lawyers Weekly article on copyright appeals