Earlier today, the United States Supreme Court announced that it would be hearing the appeal in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The Amazon.com hearing before the Federal Court of Appeal is scheduled for tomorrow in Toronto.
Tag Archives: Federal Court
Particulars needed for pleading patent infringement
In a decision published today, the Federal Court of Appeal upheld a lower court decision striking the plaintiff’s further amended statement of claim on the basis that it did not provide sufficient details of the defendant’s activity that would constitute infringement. The Court upheld the view that the allegations were not on any knowledge or evidence of the plaintiff of the defendant’s activities and the plaintiff hoped to fill in the gaps in its knowledge through discovery. Continue reading Particulars needed for pleading patent infringement
Discussion paper on changes to Federal Courts Rules
The Federal Courts Rules Committee has posted a discussion paper on possible procedural changes to the Federal Courts Rules. The proposed changes relate to among other things, time limits for defences, books of authorities, amici curiae, and monetary limits for simplified procedure and prothonotaries. Comments are requested by the Rules Committee by June 24, 2011July 15, 2011.
Continue reading Discussion paper on changes to Federal Courts Rules
Federal Court decision in Canadian Generic Pharmaceutical Association
Yesterday, the Federal Court published its decisions in Canadian Generic Pharmaceutical Association v. Canada (Health) 2011 FC 465 relating to the standing of CGPA to challenge a decision of the Minister of Health listing fluticasone furoate under the data protection regulations. The court held that the CGPA does not have standing to challenge the decision.
Continue reading Federal Court decision in Canadian Generic Pharmaceutical Association
Use of technology at the Federal Court
The Federal Courts Rules Committee has issued a discussion paper regarding possible changes to the Federal Courts Rules to allow for better use of technology in the Court. Comments are requested by June 17, 2011July 15, 2011.
Application granted in Donepezil
Yesterday, the Federal Court released a decision in Pfizer Canada Inc. v. Mylan Pharmaceuticals ULC, 2011 FC 547 (Donepezil) (Court File No. T-1118-09).
In the decision, Justice Hughes allowed Pfizer’s application and prohibited the Minister of Health from issuing an NOC to Mylan until expiry of the patent. The key issue addressed by the court was whether the patent was invalid on the basis of an unsound prediction of utility.
New FC decision in Harmony Consulting Ltd
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.
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.
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