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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: Sworn affidavit of documents considered a solemn statement until proven otherwise

  • July 23, 2024
  • Jane Byun

The Plaintiff Seylynn (North Shore) Development Limited Partnership (“Seylynn LP”) and the Defendants to the Counterclaim Seylynn (North Shore) Properties Phase II Limited Partnership, Denna Development Corp., and Denna Properties Corp. (“Seylynn Group”), brought a motion in writing for an order that the Defendant/Plaintiff by Counterclaim, Abo Taheri (“Taheri”), serve and file an accurate and complete Affidavit of Documents.

Intellectual Property

Case summary: Court strikes statement of defence to counterclaim after defendants failed to meet discovery obligations

  • July 23, 2024
  • Michal Kasprowicz

The Defendants moved for an order to compel the Plaintiff to provide answers to certain discovery questions and to strike the statements of defence to counterclaim of Ms. Wan Ling Leung and Mr. Edbert Joaquin. The Court resolved issues regarding outstanding answers with reasons given at the hearing, while the issue of striking the pleading was reserved.

Intellectual Property

Case summary: Party does not meet test in Protective Order for establishing confidentiality

  • July 23, 2024
  • Divyanshu (Divy)

The Protective Order in this proceeding allows a party to designate information it is disclosing as “Confidential Information” or “Solicitor’s Eyes Only Information.” The proper interpretation of the provision setting out the test to be met to allow a disclosing party to make this designation was in dispute between the parties. The Order allowed a challenge to the designation, and stated that the burden, based on a balance of probabilities, is on the party asserting confidentiality.

Intellectual Property

Case summary: Case where Federal Court finds PMPRB’s conclusion that a patent “pertained to” a drug reasonable

  • May 06, 2024
  • Cheryl Cheung

This Judgment and Reasons dealt with an application for judicial review brought by Galderma in respect of a decision by the Patented Medicines Prices Review Board (the “Board”) which found that the invention of Canadian Patent 2,478,237 pertained to, or could be used for, Galderma’s product DIFFERIN.

Intellectual Property

Case summary: Coors retains Miller High Life trademark registrations despite lack of use

  • May 06, 2024
  • Michal Kasprowicz

This was an appeal of a section 45 proceeding raised against three registered trademarks owned by Coors, related to the marketing of Miller High Life beer as “The Champagne of Beers.” Despite Coors not providing evidence of use, the Registrar of Trademarks maintained the registrations, finding that special circumstances excused non-use. The Federal Court upheld the Registrar’s finding.

Intellectual Property