Articles
Correction of the Patent Register Secure-d
In the latest decision in a longstanding patent dispute involving Canadian Energy Services and Energy (Drilling Services) Inc., (Canadian Energy… Read More
Federal Court of Canada defines its jurisdiction over registered and unregistered trademarks
By Scott Foster The Federal Court of Canada recently confirmed the scope of its jurisdiction over registered and unregistered trademarks… Read More
Where is Canadian Cannabis Headed Next? Views from the Legislative Review of the Cannabis Act: Final Report of the Expert Panel
Emilie Feil-Fraser This article was originally published by Law360 Canada, part of LexisNexis Canada Inc. https://www.law360.ca/ Released in March 2024,… Read More
Court answers the “primordial” question of what constitutes use of a patented invention in Canada
Scott Foster The Federal Court of Appeal held that when determining infringing use, the “primordial” question is whether the claimed… Read More
Non-Disclosure Agreements (NDAs) in the IP Context – the What, Why, When, and How
Emilie Feil-Fraser There are numerous situations where a non-disclosure agreement (NDA) is valuable, but it’s an especially important tool when… Read More
Case Comment – Organigram Inc v Canada (Attorney General), 2023 FC 1075
Update – March 22, 2024: Following the Federal Court’s decision to remit this matter back to Health Canada, Health Canada… Read More
Case review 2023: patent motions
In 2023, the Federal Court of Canada released more patent motion decisions than motion decisions in all other IP rights… Read More
Case law update Part 3: IP motions decided in 2023
In 2023, there were 43 reported Federal Court IP motions. The pie chart below displays the breakdown of the underlying… Read More
Trial judge holds dosage patent treating heartburn to be invalid and not infringed
The Federal Court has held a patent covering DEXILANT® (dexlansoprazole) for treating heartburn associated with gastroesophageal reflux disease to be… Read More
Appellate Court confirms a NOA may be transferred to a successor second person on a New Drug Submission
The Federal Court of Appeal confirmed that transfer of a New Drug Submission (NDS) permits the new owner to adopt… Read More