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.
Changes at the Supreme Court
The Supreme Court of Canada announced that Justice Ian Binnie and Justice Louise Charron will be retiring at the end of August.
New FCA decision in BBM Canada v. RIM
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.
The Lawyers Weekly article on copyright appeals
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
Leave granted by SCC in Sildenafil
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.
Five IP leave applications at the SCC
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.
Amazon.com hearing set for June 21
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.
FC and FCA release new decisions
New decisions were published in the cases of Purdue Pharma v. Canada (Attorney General) 2011 FCA 132 (Oxycodone), Apotex Inc. v. Allergan, Inc. 2011 FCA 134 (Gatifloxacin) and Varco Canada Limited v. Pason Systems Corp. 2011 FC 467.
Continue reading FC and FCA release new decisions
Microsoft v. i4i at the USSC
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.
Amendments to PM(NOC) Regulations
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.