Yesterday, the Supreme Court of Canada granted leave to appeal in the case of Re:Sound v. Motion Picture Theatre Associations of Canada, et al. (SCC case #34210) which is an appeal from Federal Court of Appeal decision 2011 FCA 70.
Continue reading Leave granted by Supreme Court of Canada in Re:Sound
Update: The Supreme Court has denied the leave applications.
On Thursday, the Supreme Court of Canada denied leave will be announcing whether it will grant leave in three related proceedings primarily relating to the validity of a selection patent. Apotex (SCC #34067), Genpharm (#34068) and Cobalt (#34066) are seeking leave to appeal the decision of the Federal Court of Appeal in 2010 FCA 320. That decision held that Lundbeck’s patent CA1,339,452 was a valid patent for the purposes of a PM(NOC) prohibition order. Continue reading SCC denies leave on selection patent proceedings
Earlier today, the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 relating to the analysis of likelihood of confusion between trademarks. The decision is an appeal from the Federal Court of Appeal in 2009 FCA 290.
The Supreme Court of Canada announced that it will be releasing its decision in Masterpiece Inc. v. Alavida Lifestyles Inc. on Thursday, May 26. The case is an appeal from the Federal Court of Appeal decision in 2009 FCA 290 and relates to the likelihood of confusion between trademarks. Continue reading SCC to release decision in Masterpiece
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
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.
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.