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Intellectual
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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

Case summary: Federal Court finds infringement with respect to generic nintedanib formulation for the treatment of idiopathic pulmonary fibrosis

  • November 18, 2024
  • Sandi Gendi and Eric Li

This decision concerned a patent infringement action brought under s 6(1) of the Patented Medicines (Notice of Compliance) Regulations. The Plaintiffs’ patents at issue, Canadian Patent Nos. 2,591,083 (the “083 Patent”) and 2,726,267 (the “267 Patent”), relate to the innovative drug nintedanib, which is used to treat idiopathic pulmonary fibrosis (“IPF”), and marketed under the brand name OFEV®.

Intellectual Property

Case summary: “Do not worry in Canada” Chinese registration invalidated

  • November 18, 2024
  • Hung Nguyen

Huang owned a 2008 trademark registration for Chinese characters, which translated to “do not worry in Canada.” In 2017, Huang filed an extension application to add book publishing and website hosting services to its 2008 registration. The extension application registered in 2018. In 2020, Huang’s original 2008 registration was expunged for non-use; the extension registration however remained.

Intellectual Property

Case summary: Federal Court dismisses appeal of decision denying motion for further and better affidavit of documents

  • November 18, 2024
  • David Schnittker

This decision by Justice Fuhrer concerned an appeal of Associate Judge (AJ) Crinson’s Order refusing the Plaintiffs’ motion under Rule 227 for the Defendants to deliver a further and better affidavits of documents and produce all relevant documents in their possession or, alternatively, entitling the Plaintiffs to cross-examine each of the Defendants on the creation of their affidavits of documents.

Intellectual Property

Case summary: The FCA discusses the skilled person and infringement remedies

  • November 18, 2024
  • Pablo Tseng

This is an appeal of a Federal Court (“FC”) decision (2022 FC 874) regarding an action brought pursuant to subsection 57(1) of the Patent Act, RSC 1985, c P-4. In that action, the applicants, Rovi Guides, Inc. (“Rovi”) sought an accounting of profits from Videotron Ltd. (“Videotron”), for infringement of four Canadian patents owned by Rovi.

Intellectual Property