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.
Continue reading Use of technology at the Federal Court
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.
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.
Continue reading En banc CAFC rules on inequitable conduct
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
The Supreme Court of Canada announced that Justice Ian Binnie and Justice Louise Charron will be retiring at the end of August.
Continue reading Changes at the Supreme Court
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
Yesterday, the Supreme Court of Canada granted leave to appeal in the case of Teva Canada Limited v. Pfizer Canada Inc., et al. (Sildenafil) (SCC case #33951) which is an appeal from Federal Court of Appeal decision 2010 FCA 242. The key issue raised in the appeal is the sufficiency of the description in the patent at issue.
The court also granted leave in the copyright case, Access Copyright (Province of Alberta as represented by the Minister of Education, et al. v. Canadian Copyright Licensing Agency Operating as “Access Copyright” – SCC case #33888) which relates to fair dealing in the educational context.
Continue reading Leave granted by SCC in Sildenafil
The Supreme Court of Canada is planning to announce judgments in five intellectual property related leave applications on Thursday, May 5, 2011. The leave applications relate to fair dealing, s.8 damages under the PM(NOC) regulations, the Saccharin doctrine and insufficiency.
Continue reading Five IP leave applications at the SCC
The Federal Court of Appeal has fixed the hearing date regarding the patentability of Amazon.com‘s patent for June 21, 2011 at 9:30 on Toronto.
Continue reading Amazon.com hearing set for June 21