Tag Archives: Federal Court of Appeal

Patentable Subject Matter

As reported yesterday, the government/CIPO has appealed the decision of Benjamin Moore v. AGC, 2022 FC 923 regarding the proper test to determine whether a patent application is directed to computer-implemented patentable subject matter. The Notice of Appeal (pdf) states in part, “The Judge erred by ordering the Commissioner to apply the New Test because it contradicts binding jurisprudence of the Federal Court of Appeal in [Amazon] and [Schlumberger].”

Queen

With the Queen’s passing, both the Federal Court and Federal Court of Appeal have issued practice notices today stating:

Henceforth, where the Crown is a party to a proceeding, parties should designate “His Majesty the King” rather than “Her Majesty the Queen”. With respect to pending matters, the designation will be considered to have been so altered without the need to bring a motion to amend the style of cause.

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Federal Courts Rules

As mentioned last week, amendments to the Federal Courts Rules are being made, and were published in the Canada Gazette today for:

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

Federal Courts Rules

Amendments to the Federal Courts Rules have been registered based on proposed amendments published back in 2016. These amendments include (1) increases to the monetary limit for prothonotaries and for simplified actions; (2) provide for excerpts in books of authorities; (3) a timeline for filing of books of authorities in appeals; (4) condensed appeal books; (5) establishing a “Notice of Intention to Respond” and standardize the timeline for filing a defence for defendants who are served in either Canada or the United States; and (6) clarifying the material to be contained in an applicant’s record.

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