Amendments to the Federal Courts Rules coming into force in January, have been registered. The amendments include expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
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Patent Infringement Proceedings
For my recent article for Slaw, I tracked all the patent infringement proceedings started over the three year period 2017 to 2019. Of the 140 cases, nine have gone to trial, the fastest in 29 months. Over half of cases are resolved in less than two years, typically by discontinuance/settlement.
Top Patentees 2020
In 2020, approximately 21,300 patents were granted by the Canadian Patent Office, down slightly from 2019. Halliburton Energy Services was again the top recipient of patents. The other top applicants were The Boeing Company, General Electric Company, BASF and Becton, Dickinson and Company. Continue reading Top Patentees 2020
Holiday
The National Day for Truth and Reconciliation on September 30th has been incorporated into the Federal Courts Rules definition of “holiday”. The Federal Court issued a notice reminding litigants to take this holiday into account when computing deadlines and that hearings are being rescheduled.
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
Patent Rules
Proposed amendments to the Patent Rules are published for consultation in the Canada Gazette to address patent term adjustment and other changes to streamline prosecution. The proposed amendments include excess claim fees, limits on office actions and requests for continued examination, updating rules on sequence listings and some miscellaneous amendments.
PMPRB
There are reports that the government has again delayed the coming-into-force of the substantive changes to the Patented Medicines Prices Review Board guildelines by six-months. The updates had been scheduled to come into force on July 1st. Continue reading PMPRB
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.
College
As reported in my post from last week, the College of Patent Agent and Trademark Agents will come into force on June 28. The supporting regulations were published in Canada Gazette today.
College
The new College of Patent Agents and Trademark Agents is coming into force on June 28, 2021. The College will regulate patent and trademark agents, including the exams, maintenance of the register of agents and disciplinary matters. Continue reading College