In this decision, the Federal Court of Appeal dismissed Live! Holdings, LLC’s appeal of a Federal Court decision that upheld a decision of the Registrar of Trademarks to expunge Live!’s Canadian trademark registration no. TMA 789, 912 from the Register of Trademarks.

Hospira Healthcare Corporation and the other appellants (“Hospira”) appealed to the Federal Court of Appeal from two decisions of a Federal Court judge. Both decisions refused to allow Hospira to amend its Statement of Issues in the underlying bifurcated patent infringement and validity action. The first motion was dismissed by a prothonotary and then by the Federal Court judge on appeal, and the second motion attempted to assert the same claim in greater detail.

Hutchingame Growth Capital Corporation v Dayton Boot Co. Enterprises Ltd, 2019 FCA 152

Frac Shack Inc v AFD Petroleum Ltd, 2018 FC 1047

On March 21, 2017, the Federal Court dismissed the applicants’ prohibition application under the Patented Medicines (Notice of Compliance) Regulations in connection with Apotex’s proposed generic dasatinib product. The court found Apotex’s invalidity allegations regarding Canadian Patent Nos. 2,366,932 and 2,519,898 to be justified.

This Order and Reasons dealt with a motion that was brought by Bayer in the context of a judicial review, which circumstances may be summarized as follows: On August 22, 2023, Bayer made a submission to the Office of Patented Medicines and Liaison (the “OPML”) to list Canadian Patent No. 2,970,315 (the “315 Patent”) on the Patent Register in respect of the product EYLEA®, but the eligibility decision was not made until August 30, 2023;

This Order and Reasons dealt with a motion brought by the plaintiffs (Janssen Inc. and Mitsubishi Tanabe Pharma Corporation, collectively, “Janssen”) for an order requiring the defendant (JAMP Pharma Corporation) to produce certain samples. The motion was brought in the context of an action brought by Janssen under the Patented Medicines (Notice of Compliance) Regulations involving the medicinal ingredient canagliflozin.

Nia Wine Group Co., Ltd. v. North 42 Degrees Estate Winery Inc., 2022 FC 241