Case summary: Federal Court of Appeal divided on burden of proof when rebuttable presumption of patent ownership is challenged November 18, 2024 Sharon Chernyak The Appellants, Mud Engineering Inc and An-Ming (Victory) Wu, appealed a summary trial judgment dismissing the Appellants’ motion for a declaration of ownership and related patent infringement action.
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.
Case summary: Transferring a second person drug submission does not re-trigger PM(NOC) Regulations October 31, 2024 Will Boyer This decision relates to a motion for (a) letters rogatory to obtain discovery of inventors who live in the US; and (b) to set a trial date. Samsung brought this impeachment action to “reduce the business uncertainty associated with a potential infringement claim.” Samsung was therefore pushing to have an early trial date set down.
Case summary: Admissibility of fact evidence as to state of the art for obviousness October 31, 2024 Will Boyer Angelcare was successful at trial in relation to certain claims of patent infringement asserted against Munchkin in relation to diaper pails and cassettes. Two appeals were launched from the trial decision.
Case summary: Federal Court revisits threshold for trademark use in section 45 proceedings; reiterates proper test for demonstrating use through subsidiaries October 30, 2024 Jenny Hepditch and Rowan Brzezinski This case involved a partially successful appeal of the Registrar of Trademarks’ summary cancellation decisions to expunge Smooth Payment Inc.’s (Applicant) trademarks from the Trademarks Register at the request of Klarna Bank Ab (Respondent).
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.
Case summary: Federal Court dismisses distinctiveness challenge to trademark registration October 29, 2024 David MG Bowden This decision involves an application pursuant to sections 18(1)(b) and 57 of the Trademarks Act, in which Giuseppe De Luca (“De Luca”) sought the expungement of a registration for the trademark AMPHIBIOX owned by Geox SPA (“Geox”).
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.
Case summary: Federal Court’s reasons for awarding elevated costs against a self-represented party in a copyright infringement case October 28, 2024 Divyanshu (Divy) The applicant, Randy Williams, made a copyright infringement claim against the Respondents, Music and Entertainment Rights Licensing Independent Network Ltd., CD Baby, and Jiosaavn, which was dismissed in its entirety.
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.