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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: Consent to the four activities in subsection 7(2) of the Patented Medicines (Notice of Compliance) Regulations may be effective even if temporal in nature

  • February 25, 2021
  • William S. Foster

Fresenius Kabi Canada Ltd. (“Fresenius”) entered into a confidential licensing agreement with AbbVie Biotechnology Ltd. (“AbbVie”) authorizing Fresenius to perform certain acts under AbbVie’s listed patents in respect of HUMIRA™ (adalimumab). Fresenius sought to rely on AbbVie’s consent under subsection 7(2) of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”) in respect of its New Drug Submission for its biosimilar drug product IDACIO™.

Intellectual Property

Case summary: SSE Holdings, LLC v Le Chic Shack Inc

  • February 25, 2021
  • Jenny Thistle

The Plaintiffs [Shake Shack] brought an action for trademark infringement against the Defendant [Chic Shack]. The parties agreed to enter into a Court-assisted mediation governed by Rules 387 to 389 of the Federal Courts Rules. Shake Shack was of the view that, at the end of the mediation, the parties had an agreement to settle the action.

Intellectual Property

Case summary: Bombardier Recreational Products Inc v Arctic Cat Inc

  • February 25, 2021
  • Mohit Sethi

Prior to the case at bar, the Federal Court granted Bombardier Recreational Products Inc (“Bombardier”) a permanent injunction as the result of its infringement action. The infringer, Arctic Cat Inc (“Arctic Cat”), sought a stay of the injunction pending an appeal of the decision. However, the Federal Court of Appeal denied the stay as it was not satisfied that irreparable harm was established and the balance of convenience favoured Bombardier.

Intellectual Property