The following intellectual property cases are active before the Supreme Court of Canada. This list is automatically generated daily. Please contact me if you notice any errors or inconsistencies.
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[Listing generated on January 23, 2026]
Proceedings waiting for rulings
The following intellectual property appeals are awaiting judgment from the Supreme Court of Canada.
| SCC File No. | Status | Style of Cause | Appeal File No. | Excerpt from Appeal Decision |
| 41209 | Heard 2025-10-09 | Pharmascience Inc. v. Janssen Inc., et al. | A-205-22 | 2024 FCA 23: This is an appeal of a decision 2022 FC 1218 in the context of an action brought pursuant to subsection 6(1) of the PM(NOC) Regulations. … The only ground that remains relevant for the purposes of this appeal is that the claims of the 335 Patent are invalid because they comprise unpatentable subject matter, namely methods of medical treatment. The Federal Court rejected this allegation and found the claims of the 335 Patent valid. … To summarize, whether or not a patent claim to a dosing regimen relates to a method of medical treatment cannot be based exclusively on whether its dosing and schedule is fixed or not. The proper inquiry remains whether use of the invention (i.e., how to use it, not whether to use it) requires the exercise of skill and judgment, and the burden remains on the party challenging the patent. … It follows from the foregoing that I would dismiss the present appeal. |
| 41538 | Hearing scheduled for 2026-03-19 | Facebook Inc. v. Privacy Commissioner of Canada | A-129-23 | 2024 FCA 140: The proceeding arose from the Commissioner’s investigation into the scraping of Facebook user data by the app “thisisyourdigitallife” (TYDL) and its subsequent selling of the data to Cambridge Analytica for psychographic modeling purposes between November 2013 and December 2015. The Federal Court(2023 FC 533), dismissed the Commissioner’s application, finding that the Commissioner had not shown that Facebook failed to obtain meaningful consent from users for disclosure of their data, nor that Facebook failed to adequately safeguard user data. I would allow the appeal. The Federal Court erred in its analysis of meaningful consent and safeguarding under PIPEDA. I conclude that Facebook breached PIPEDA’s requirement that it obtain meaningful consent from users prior to data disclosure and failed in its obligation to safeguard user data. … Put more simply, if the reasonable person would not have understood what they consented to, no amount of reasonable efforts on the part of the corporation can change that conclusion. Having regard to the purpose of PIPEDA, the consent of the individual, objectively determined, prevails. … These practices, taken together, lead only to the conclusion that Facebook did not adequately inform users of the risks to their data upon signing up to Facebook (risks that materialized in the case of TYDL and Cambridge Analytica). Therefore, meaningful consent was not obtained. As will be discussed below, these same practices and measures—or lack thereof—inform Facebook’s breach of its safeguarding duties. |
Application for leave
Applications for leave to appeal have been filed on the following intellectual property related proceedings.
| SCC File No. | Status | Style of Cause | Appeal File No. | Excerpt from Appeal Decision |
| 41837 | Application for leave filed 2025-06-02 | Canadian Energy Services L.P. and John Ewanek v. Secure Energy (Drilling Services) inc. | A-203-23 | 2025 FCA 76: This appeal concerns a Federal Court decision regarding the invention and ownership of a patent for a polymeric drilling fluid used in oil drilling. The Court granted a declaration that a certain individual is the sole inventor and that a drilling services company is the rightful owner of the patent. The appellants contested this finding, arguing that the application was barred by res judicata, the Alberta Limitations Act, and a prior release agreement that allegedly precluded claims against the inventor. They also asserted errors in the Federal Court’s determinations regarding inventorship and ownership.
The appellate court found that while the Federal Court made an error concerning the chain of title, it did not impact the outcome. Consequently, the appeal was dismissed, upholding the Federal Court’s conclusions regarding inventorship and ownership of the patent. |
| 41926 | Application for leave filed 2025-08-07 | Bell Canada, et al v. Copyright Collective of Canada, et al | A-57-24 | 2025 FCA 92: The case concerns judicial review of a Redetermination Decision made by the Copyright Board of Canada setting royalty rates for the retransmission of distant television signals for 2014-2018. The primary legal issue was whether the Board exceeded its jurisdiction by addressing matters not outlined in a previous judicial review decision that identified specific errors in the Board’s calculations.
The Federal Court of Appeal determined that the Board did exceed its jurisdiction by making additional modifications, including double-counting corrections and altering profit margins beyond those specified in the earlier decision. Specifically, while the Board corrected one error by applying the correct omitted payment data and a 10% profit margin for Canadian services, it incorrectly applied a 25% margin for US services without adequate justification. Consequently, the court concluded that the Redetermination Decision was flawed and required further revisions in line with the jurisdictional limitations established in the prior ruling. |
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