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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

Pharma patent litigation case summary

  • May 06, 2024
  • Aarzoo Mahajan

Takeda Canada Inc. (“Takeda”) alleged that Apotex, Inc. (“Apotex”) infringed its patent for a pharmaceutical composition, in making, constructing, using or selling its dexlansoprazole capsules (the “Apotex Product”).

Intellectual Property

Case summary: New evidence results in appeal allowed in part in trademark case

  • May 06, 2024
  • Aarzoo Mahajan

This case involves an appeal under subsection 56(1) of the Trademarks Act. The dispute centers around two trademark registrations: No. TMA 894,117 (Cooperation Emblem/ swirl design or Mark 1) and No. TMA 891,721 (Sustainability Emblem or Mark 2) [collectively “the Marks”].

Intellectual Property

Case summary: Federal Court decides discovery motions

  • May 06, 2024
  • Andre Matheusik

n Pharmascience Inc v Janssen Inc, 2024 FC 335 (the “Discovery Motion”) and Pharmascience Inc v Janssen Inc, 2024 FC 336 (the “Motion to Substitute a Discovery Witness”), the Plaintiff, Pharmascience Inc (“Pharmascience”), sought the production of privileged or otherwise withheld information and the substitution of the corporate representative from the Defendants, Janssen Inc, Janssen Oncology, Inc, and BTF International Ltd (collectively, “Janssen”).

Intellectual Property

Case summary: Federal Court allows appeal where evidence failed to show use in association with registered services

  • May 06, 2024
  • David Bowden

This decision concerns an appeal of a decision of the Registrar of Trademarks under section 45 of the Trademarks Act involving a registration for the FENESTRAE trademark. In the decision below, the Hearing Officer ordered that a number of goods and services be cancelled because evidence failed to establish use in association with a number of goods and services, but maintained others.

Intellectual Property