- Eli Lilly’s memorandum in the NAFTA arbitration on the ‘promise’ doctrine has been posted.
- Justice Marc Noël was appointed Chief Justice of the Federal Court of Appeal replacing the Honourable Pierre Blais, who retired earlier this year.
- CIPO has announced a consultation on Modernization the IP Community, a report on the regulatory framework for trademark and patent agents prepared with IPIC, AIPPI and FICPI, of which I had a small part on one of the working groups.
- I am attending the AIPLA Annual Meeting this week. Let me know if you are planning on being there as well.
Tag Archives: Federal Court
Three Federal Court Judges Appointed
Three new Federal Court judges were appointed today: Honourable Henry S. Brown (of Gowlings), Honourable Keith M. Boswell (of Stewart McKelvey) and Honourable Alan Diner (Baker & McKenzie). These judges are replacing Justice Snider, who resigned in October 2013, Justice Harrington who elected to become a supernumerary judge as of April 2014 and Justice O’Keefe, who elected to become a supernumerary judge. Judicial appointments were also made today to the Ontario, Saskatchewan, Quebec, Nova Scotia and Alberta courts, including Justice Mainville, formerly of the Federal Court of Appeal, to the Quebec Court of Appeal.
Chief Justice
Chief Justice Pierre Blais of the Federal Court of Appeal is retiring in June. He was appointed to the Federal Court in 1998 and to the Federal Court of Appeal in 2008. He has been the Chief Justice of the Federal Court of Appeal since 2009.
Judicial Appointments
George R. Locke, an IP lawyer with Norton Rose Fulbright in Montréal, René Leblanc, a lawyer with the Department of Justice Canada, and Martine St-Louis, a lawyer with McCarthy Tétrault in Montréal were appointed today to the Federal Court. Justice Boivin was elevated to the Federal Court of Appeal. Appointments were also made to the Ontario, Saskatchewan, Manitoba, Nova Scotia, Newfoundland and Labrador and Tax courts.
Prothonotaries
The Federal Government has responded to the recommendations of the special advisor on Prothonotary compensation, including with a proposal to have Prothonotary compensation managed under the Judges Act.
Experimental Testing
The Federal Court has published a Notice to the Profession on experimental testing in patent infringement and validity actions. It requires that notice be provided at least two months prior to the service of expert reports and unless notice is provided, the party shall not lead evidence at trial as to the experiments except with leave of the Court.
Justice Scott to FCA
Justice André F.J. Scott has been elevated to the Federal Court of Appeal on Friday to replace Justice Noël. He has been a judge of the Federal Court since 2010. Appointments were also made to the Ontario and Newfoundland courts.
Biologics
In a decision issued today, Justice Hughes considered the breadth of the claims in the first [see update below] biologic patent infringement trial decision of the Federal Court. The patent at issue was found valid and infringed.
Justice Evans
Justice Evans is retiring from the Federal Court of Appeal at the end of the year. He has been a member of the Federal Court of Appeal since 1999 and supernumerary since 2012. He joined the Federal Court in 1998.
Appointments and Retirement
Justice Marc Nadon of the Federal Court of Appeal was appointed to the Supreme Court of Canada yesterday. He was a judge of the Federal Court and Federal Court of Appeal since 1993.
Justice Snider of the Federal Court, who wrote many leading intellectual property decisions, is retiring effective October 12, 2013. Also, earlier this week the government appointed judges to the British Columbia, Manitoba, Nova Scotia, Ontario, PEI and Quebec courts.