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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 first principles on costs assessment

  • April 26, 2023
  • Shaun B. Cody

In this decision, made by the second costs’ Assessment Officer assigned to the matter, the fact pattern is somewhat unusual. The Plaintiff, Georgetown Rail Equipment Company, had initially been successful at trial. The Federal Court found “the patents were not invalid on the ground of obviousness” and went on to find that “Tetra’s sale of the system to CN Rail and its support of the system infringed both patents.”

Intellectual Property

Case summary: Motion to uphold protective order and implied undertakings

  • April 26, 2023
  • Ken Clark

The principal of Molo Design (Plaintiff) breached the protective order in the matter by revealing to counsel in foreign jurisdictions confidential information that was disclosed by Chanel in the Canadian action, also by so doing breaching the implied undertaking rule.

Intellectual Property