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.
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.
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.
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.
Yesterday, the United States Supreme Court heard oral arguments in the Microsoft v. i4i patent case in the United States. Microsoft appealed to the Supreme Court, arguing that the standard of proof needed to invalidate an asserted patent is too high. Patently-O has a summary of the oral arguments.
In today’s Canada Gazette, amendments to the Patented Medicine (Notice of Compliance) Regulations were published relating to ‘Extraordinary Use New Drugs’ (EUNDs). Changes were also made to the regulations under the Food and Drugs Act.