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Intellectual
Property

CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Court excludes expert report on the grounds that it is not proper reply

  • November 21, 2022
  • David Bowden

This decision relates to a motion by the Defendants/Plaintiffs by Counterclaim, Pattison, to exclude a reply report of an expert that was submitted by the Plaintiff/Defendant by Counterclaim, T-Rex. The Court excluded the report on the basis that only a new matter that could not reasonably have been anticipated can be made the subject of a valid reply.

Intellectual Property

Case summary: Federal Court expunges trademark registration and dismisses passing off claim on summary trial

  • November 21, 2022
  • Jenny Thistle and Kasia Donovan

This case involved two motions for summary trial (the Plaintiff moved for summary trial on its claims, and the Defendants moved for summary trial on their counterclaim) where both parties’ motions were granted, and that ultimately resulted in the Plaintiff’s action for passing off being dismissed and the Plaintiff’s trademark being expunged.

Intellectual Property

No assumption of infringement for Internet subscribers

  • August 17, 2022
  • Alan Macek

The plaintiff rights owner to a movie sought default judgment against a series of defendants alleged to have used a peer-to-peer service to download the movie. CIPPIC intervened.

Intellectual Property

Case summary: Dismissal of motion to strike plaintiff’s statement of claim

  • August 17, 2022
  • Ken Clark

This case is an appeal brought by the Defendants to the Order of Case Management Judge Aalto (CMJ) on March 22, 2022. The Defendants appealed the dismissal of the Defendants’ motion to strike the Plaintiff’s Statement of Claim against Telefonaktiebolaget L M Ericsson, Ericsson Canada Inc., MK Systems USA Inc., and MK Mediatech Canada Inc. (Mediakind) for failure to plead material facts supporting their infringement claim.

Intellectual Property

Case summary: Federal Court finds OPSUMIT® (macitentan) patent valid

  • August 17, 2022
  • Cheryl Cheung

The plaintiffs, Janssen Inc. and Actelion Pharmaceuticals Ltd, brought this patent action against Sandoz Canada Inc. pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance Regulations) in relation to the prescription medication OPSUMIT®, containing the compound macitentan as the active ingredient.

Intellectual Property