Amendments to the Federal Courts Rules coming into force in January, have been registered. The amendments include expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
All posts by Alan Macek
Patent Infringement Proceedings
For my recent article for Slaw, I tracked all the patent infringement proceedings started over the three year period 2017 to 2019. Of the 140 cases, nine have gone to trial, the fastest in 29 months. Over half of cases are resolved in less than two years, typically by discontinuance/settlement.
CIPO
CIPO has announced a new patent national entry request online tool. According to the announcement, one the application is submitted and the fees paid, you will instantly receive a national entry date and Canadian patent application number. Continue reading CIPO
Top Patentees 2020
In 2020, approximately 21,300 patents were granted by the Canadian Patent Office, down slightly from 2019. Halliburton Energy Services was again the top recipient of patents. The other top applicants were The Boeing Company, General Electric Company, BASF and Becton, Dickinson and Company. Continue reading Top Patentees 2020
50th Anniversary
The Federal Court and Federal Court of Appeal published a book celebrating the 50 years of the Courts. Following a book launch today, the Courts are hosting sessions later this year reflecting on key areas of jurisdiction: immigration, national security, and intellectual property.
Holiday
The National Day for Truth and Reconciliation on September 30th has been incorporated into the Federal Courts Rules definition of “holiday”. The Federal Court issued a notice reminding litigants to take this holiday into account when computing deadlines and that hearings are being rescheduled.
Appointments
Several appointments were made today, including:
- Justice Siobhan Monaghan of the Tax Court as a Judge of the Federal Court of Appeal;
- Prothonotary Mandy Aylen as a Judge of the Federal Court;
- Avvy Yao-Yao Go, Clinic Director at the Metro Toronto Chinese and Southeast Asian Legal Clinic in Toronto, as a Judge of the Federal Court;
- Dr. Vanessa Rochester, Counsel at Norton Rose as a Judge of the Federal Court;
- Trent Horne, Partner at Aird & Berlis as a Prothonotary of the Federal Court; and
- Catherine A. Coughlan, General Counsel at the Department of Justice as a Prothonotary of the Federal Court.
Appointments were also made today to the Tax Court and the courts in Ontario, Alberta, Saskatchewan, New Brunswick and Newfoundland & Labrador. Continue reading Appointments
York University v. Access Copyright
The Supreme Court of Canada issued its decision today in York University v Access Copyright. The Court agreed with the Federal Court of Appeal that the tariff is not enforceable against York University, saying that a user is entitled to obtain its rights through other means than a tariff, so if the user makes an unauthorized use, the appropriate remedy is an action for infringement. The Court did not endorse the fair dealing analysis conducted by the lower courts and declined to make a decision on fair dealing but did discuss that in the educational context it is not only the institutional perspective that matters.
Designated Establishments
CIPO has announced that it is discontinuing the acceptance of correspondence at designated establishments at Innovation, Science and Economic Development Canada (ISED) regional mailrooms as of August 16th. These are currently available in Ottawa, Montréal, Toronto, Edmonton, and Vancouver. CIPO recommends electronic, in person or Canada Post as alternatives.
Consultations
Two consultations were announced today:
- the Patented Medicine Prices Review Board announced a consultation on updated guidance relating to Gap medicines, the references to the comparator countries and the international price tests for Grandfathered medicines and their line extensions, all arising from the six month extension to the coming-into-force of the new Regulations.
- The government announced a consultation on the copyright framework relating to artificial intelligence and the Internet of Things, including data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.