Articles

CBA Members

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: Federal Court refuses to amend usual order of evidence production in PM(NOC) patent actions

  • November 03, 2023
  • David Schnittker

In the context of two patent infringement actions under the PM(NOC) Regulations, the Defendant, Sandoz Canada Inc., brought motions for an Order requiring the Plaintiffs to serve fact evidence pertaining to the invention story of their patents, including any inventor evidence, prior to the date by which the Defendant’s in-chief expert reports on invalidity were to be served.

Intellectual Property

Section 22 energizes plaintiffs’ comparative advertising claim

  • November 02, 2023
  • Peter W. Choe

The Defendants’ use of the Plaintiffs’ registered trademarks ENERGIZER and ENERGIZER MAX in comparative advertising on packaging labels or stickers for the very products listed in the registrations contravenes section 22 of the Trademarks Act.

Intellectual Property

Federal Court grants default judgment to Burberry and Chanel

  • November 01, 2023
  • Hung Nguyen

Burberry Limited and Chanel Limited (“Plaintiffs”) brought an action in Federal Court against Juvilyn Ward and Kevin Ward (“Defendants”), for importing, offering for sale and selling counterfeit BURBERRY and CHANEL clothing and fashion accessories.

Intellectual Property

Case summary: Federal Court of Appeal dismisses appeal of contempt motion

  • November 01, 2023
  • Chantal Saunders

After a decision in which the Federal Court found infringement of two patents and issued an injunction against GreenBlue, DeepRoot brought contempt proceedings in the Federal Court in respect of GreenBlue’s “design-around.”

Intellectual Property

Case summary: Court rejects argument that plaintiffs’ counsel cannot object on examination for discovery to improper questions asked of non-party inventors

  • November 01, 2023
  • David Schnittker

The Defendant in a patent action, Sandoz Canada Inc., brought a motion to compel the Plaintiffs, Boehringer Ingelheim (Canada) Ltd and Boehringer Ingelheim International GMBH, to answer questions refused on the discovery of inventors under Rule 237(4) of the Federal Courts Rules (the “Rules”).

Intellectual Property