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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

Echo cancellation and noise suppression are not the same

  • May 06, 2024
  • Peter W. Choe

Google appeals the decisions of Justice Zinn, which found that Sonos did not infringe claim 7 of Google’s Patent No. 2,545,150, and the subsequent decision for Google to pay Sono’s costs.

Intellectual Property

Sufficiency Amendments insufficient

  • May 06, 2024
  • Peter W. Choe

The Defendant, Whitewater, appeals a decision of Associate Justice Crinson, which denied its request to amend its Statement of Defence to add allegations of invalidity due to insufficient disclosure.

Intellectual Property

Unopposed motions for default judgement are not automatically granted

  • May 06, 2024
  • Victoria Di Felice

McDowell brought an ex parte motion in writing to the Federal Court, seeking an order for default judgment against the defendant, “A Drip of Honey.” McDowell alleged that A Drip of Honey used trademarks that closely resembled her marks, amounting to trademark infringement, passing off, and depreciation of goodwill.

Intellectual Property

Pharma patent litigation case summary

  • May 06, 2024
  • Aarzoo Mahajan

Takeda Canada Inc. (“Takeda”) alleged that Apotex, Inc. (“Apotex”) infringed its patent for a pharmaceutical composition, in making, constructing, using or selling its dexlansoprazole capsules (the “Apotex Product”).

Intellectual Property

Case summary: New evidence results in appeal allowed in part in trademark case

  • May 06, 2024
  • Aarzoo Mahajan

This case involves an appeal under subsection 56(1) of the Trademarks Act. The dispute centers around two trademark registrations: No. TMA 894,117 (Cooperation Emblem/ swirl design or Mark 1) and No. TMA 891,721 (Sustainability Emblem or Mark 2) [collectively “the Marks”].

Intellectual Property

Case summary: Federal Court decides discovery motions

  • May 06, 2024
  • Andre Matheusik

n Pharmascience Inc v Janssen Inc, 2024 FC 335 (the “Discovery Motion”) and Pharmascience Inc v Janssen Inc, 2024 FC 336 (the “Motion to Substitute a Discovery Witness”), the Plaintiff, Pharmascience Inc (“Pharmascience”), sought the production of privileged or otherwise withheld information and the substitution of the corporate representative from the Defendants, Janssen Inc, Janssen Oncology, Inc, and BTF International Ltd (collectively, “Janssen”).

Intellectual Property