Explicit instruction of direct infringement not necessary to establish influence under induced infringement test February 07, 2024 Ben Pearson This appeal concerned an allegation by the respondents, Janssen Inc. and Actelion Pharmaceuticals Ltd. (collectively, “Janssen”), that the marketing and sale by the appellant, Apotex Inc.
Case summary: Beware of disadvantages of suing by way of application February 07, 2024 Hung Nguyen IFIT sued Safe Sweat for trademark infringement in Federal Court by way of application. The relief sought by IFIT includes damages, or alternatively, an accounting of profits. The parties served their affidavit evidence.
Case summary: Self-Rep’s Attempts at Further Discovery Denied February 07, 2024 Alan Macek The self-represented plaintiff appealed an order of the Case Management Judge, in which the CMJ had dismissed the plaintiff’s motion to compel the defendants to answer questions on discovery.
Case summary: Raising all possible issues in patent infringement action incurs elevated costs award against unsuccessful plaintiff February 07, 2024 Michal Kasprowicz NCS claimed that the Kobold group of companies, and their tool supplier Promac Industries, infringed five patents related to downhole tools and sleeves for fracking.
Case summary: Federal Court dismisses motion in copyright jurisdiction dispute February 06, 2024 Homira Haqani This legal dispute involved SOCAN (Society of Composers, Authors, and Music Publishers of Canada) and Québecor Inc., with SOCAN representing copyright holders and Québecor as the defendant.
Case summary: Certification motion denied in copyright infringement case February 06, 2024 Homira Haqani Certification motion denied in copyright infringement case
Case summary: Reasonable litigation costs in IP infringement cases February 06, 2024 Julianna Felendzer This cost assessment follows a successful case for the plaintiffs, Janssen Inc. and Janssen Pharmaceutica N.V. (“Janssen”) for a patent infringement case (2022 FC 1218), where the Court ordered a cost assessment by an Assessment Officer (the “AO”).
Case summary: Federal Court rules on the importance of a concise Statement of Claim in a patent infringement case February 06, 2024 Divyanshu Seismotech IP Holdings Inc (hereinafter “Seismotech”/plaintiff) made a claim against unknown defendants (“John Does”) in Canada and in the US, as well as the domestic and foreign manufacturers (“reverse class actions”), for infringement of its patent related to intelligent thermostats.
FCA dismisses appeal on refusal of trademark registration for confusion February 06, 2024 Natasha Gulati In this appeal, the Federal Court of Appeal dismissed an appeal with costs wherein the appellant sought to overturn a decision by the Federal Court affirming that the appellant’s word mark TRIBAL CHOCOLATE was not registrable because it was confusing with an already registered word mark, TRIBAL.
Case summary: Federal Court considers pleadings amendments February 06, 2024 In this matter, the Defendant sought to amend its defence in answer to infringement claims related to six patents and five industrial design registrations.