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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 draws inference of authorized distribution of authentic goods from new evidence on appeal

  • October 31, 2024
  • Sharon Chernyak

The Applicant, Biologische Heilmittel Heel GmbH, appealed a decision of a Hearing Officer of the Registrar of Trademarks expunging its trademark registration under section 45 of the Trademarks Act. On appeal, the Applicant filed new, material evidence which led the Federal Court to conduct a de novo analysis of the evidence on a correctness standard. The appeal was allowed, and the Registrar’s decision was set aside.

Intellectual Property

CASE SUMMARY: FEDERAL COURT REINFORCES THE IMPORTANCE OF PLEADINGS AND FACTUAL CONTEXT IN MOTION TO COMPEL DISCOVERY QUESTIONS

  • October 30, 2024
  • Jenny Hepditch and Jill Crich

This brief decision concerned two motions in a PM(NOC) proceeding initiated by Serono for the drug MAVENCLAD (Canadian Patent No. 2,588,966). Both parties brought analogous motions to compel answers to questions improperly refused during examinations for discovery of each other’s corporate representatives.

Intellectual Property

Case summary: Flexible furniture patent found not infringed and most claims lacking novelty and inventiveness

  • October 29, 2024
  • Alan Macek

In this patent infringement trial decision, the patent at issue, relating to flexible partition products incorporating honeycomb lattice material, were found not infringed as lacking certain claimed supports. The independent claim was found invalid for being anticipated or obvious in view of the patentee’s own public disclosures but some dependent claims were valid.

Intellectual Property

Case summary: Court affirms decision of case management judge to strike statement of defence

  • October 28, 2024
  • David MG Bowden

This decision dismisses an appeal of an order of the Case Management Judge (the “CMJ Order” and the “CMJ” respectively) striking the Defendants’ Statement of Defence. The CMJ Order required the Defendants to advise by February 28, 2024 “whether and when” they were prepared to participate in a dispute resolution conference, and further required the Defendants to strictly comply with the dates and steps set out in the CMJ Order’s timetable.

Intellectual Property