By Scott Foster The Federal Court of Canada recently confirmed the scope of its jurisdiction over registered and unregistered trademarks as follows: The court has jurisdiction to decide ownership of unregistered trademarks; The court has jurisdiction to expunge, vary,...

Emilie Feil-Fraser This article was originally published by Law360 Canada, part of LexisNexis Canada Inc. https://www.law360.ca/ Released in March 2024, the Final Report is the culmination of work by the independent expert panel appointed by the federal government to...

Congratulations to Scott Foster, Patrick Smith, and Mat Brechtel for being recognized in Benchmark Litigation Canada 2024. For more information, see here.

Scott Foster The Federal Court of Appeal held that when determining infringing use, the “primordial” question is whether the claimed invention is utilized. Once the claimed invention is determined through claim construction, one must assess whether the defendant has...

Emilie Feil-Fraser There are numerous situations where a non-disclosure agreement (NDA) is valuable, but it’s an especially important tool when intellectual property rights are at stake. What is an NDA? An NDA is typically a contract between two parties specifying...

Update – March 22, 2024: Following the Federal Court’s decision to remit this matter back to Health Canada, Health Canada issued its final redetermination. Health Canada maintained its decision that the Edison Jolts were classified as edible cannabis, not cannabis...

CBA IP Day is taking place on May 30th in Ottawa, ON. We are thrilled to announce that Mat Brechtel will be co-chairing the IP Day programming and Scott Foster will be appearing as a speaker. Mark your calendars and join Mat, Scott, and other legal experts for...

In 2023, the Federal Court of Canada released more patent motion decisions than motion decisions in all other IP rights combined: Within the patent proceedings, there was a split between decisions involving pharma and biologic patents (58%) and those involving other...

Congratulations to Patrick Smith, Scott Foster and Mat Brechtel for being recognized as leading practitioners in Intellectual Property in the 2024 Canadian Legal Lexpert Directory. Seastone IP has been ranked as one of Calgary and Vancouver’s Leading Firms in...

In 2023, there were 43 reported Federal Court IP motions. The pie chart below displays the breakdown of the underlying IP rights at issue in the proceedings: Given the number of reported motion decisions and their breadth of scope, in this post, we provide an overview...