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.
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.
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.
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
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.
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.
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.