Case summary: Infringement appeal allowed in part June 12, 2017 Ken Clark Apotex Inc. and Apotex Pharmachem Inc. v Adir and Servier Canada Inc.
Case Summary: Appeal 90 per cent dismissed June 12, 2017 The well-litigated ‘693 Patent was the subject of this matter. It involves a coated omeprazole tablet that is able to travel through the gut and dissolve in the intestine, having two coatings on the tablet (an intermediate coating and an enteric coating).
Case Summary: New evidence filed on appeal had ‘tendency towards hyperbole’ June 12, 2017 David Bowden Schwan’s IP, LLC appealed from a decision of the Opposition Board which refused its application for the trademark EDWARDS & Design, on the grounds that the mark is likely to be confused with Sobeys West Inc.’s EDWARDS trademark.
Case Summary: What do bald men and snowmobiles have in common? May 17, 2017 Peter W. Choe Bombardier sued Arctic Cat for infringement of four patents, asserting 49 claims at the close of trial.
Case Summary: Teva’s appeal on utility and sufficiency dismissed at Federal Court of Appeal May 17, 2017 Natasha Gulati Teva Canada Limited v Leo Pharma Inc., 2017 FCA 50
Case Summary: Teva’s appeal on costs dismissed at Federal Court of Appeal May 17, 2017 Natasha Gulati Teva Canada Limited v Leo Pharma Inc., 2017 FCA 51
Case summary: Appeal of decision granting an interlocutory injunction dismissed May 17, 2017 Jillian Brenner Wesley (Mtlfreetv.com) v Bell Canada, 2017 FCA 55
Case Summary: Court tests Copyright Act prohibitions against circumventing TPMs May 17, 2017 Tracey Doyle Nintendo of America Inc. v King, 2017 FC 246
Case summary: Prothonotary’s decision on motion to strike upheld May 17, 2017 Cheryl Cheung Alexion Pharmaceuticals Inc. v The Attorney General of Canada, 2017 FC 21
Case summary: NOC evaluations in view of data integrity concerns May 17, 2017 Pablo Tseng Apotex Inc v Minister of Health et al, 2017 FC 315