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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: It’s not too late for reply

  • March 03, 2023
  • Peter W. Choe

The Defendants brought a motion seeking leave to file an expert report in reply (Rue Reply) in a patent action. The Defendants assert that the Rue Reply is proper and admissible reply evidence because it responds to a new and unexpected literature reference put forward in the Sinko Report tendered by the Plaintiffs.

Intellectual Property

Case summary: Federal Court denies motion for Norwich Order for discovery of defendant’s same corporate representative that had already been produced during examination for discovery

  • March 03, 2023
  • David Schnittker

In the context of a patent infringement action between competitors regarding a patent claiming a method and system for reducing the steps required to register a new wireless telephone user from a retail store, the plaintiff, Worthware, sought a “Norwich Order” under rule 238 of the Federal Courts Rules.

Intellectual Property

Case summary: Serena Fashions

  • March 02, 2023
  • Cindy Bélanger

Serena Fashions Alberta Ltd (“Serena Alberta”) commenced an action against Serena Fashion Ltd (“Serena BC”) before the British Columbia Superior Court alleging trademark infringement of the BELLISSIMA registered marks, passing-off, depreciation of goodwill and breach of section 52 of the Competition Act (the “BCSC Action”).

Intellectual Property

Case summary: Sani Bleu

  • March 02, 2023
  • Cindy Bélanger

This is a default judgment rendered in a passing-off case under section 7(b) of the Trademarks Act. In this case, the plaintiff, Sani Bleu inc. (“Sani Bleu”), which operates in the field of mobile portable toilets, seeks, among other things, to prevent the defendant, 9269-6806 Quebec inc. to market disinfectants and other sanitary products under the SaniBleu and SaniBlue trademarks.

Intellectual Property

Case summary: Motion to amend a Statement of Defence granted

  • March 02, 2023
  • Cheryl Cheung

Apotex Inc. (“Apotex”) commenced an action under section 8 of the Patented Medicines (Notice of Compliance) Regulations against Janssen Inc., Janssen Oncology Inc. and BTG International Ltd. (collectively, “Janssen”) in relation to the drug abiraterone acetate.

Intellectual Property

Case summary: Removal of USA from PMPRB Comparators accepted on appeal

  • March 02, 2023
  • Ken Clark

The Governor in Council amended the regulations in respect of the PMPRB changing the reference countries used to establish a reasonable price for patented medicines in Canada - adding more European countries, but notably removing the USA and Switzerland. By doing so the Government in effect is seeking to lower patented medicine prices given that Switzerland and the USA have higher than average drug prices.

Intellectual Property

Case Summary: Legal test for assessing use of a mark for services in Section 45 proceedings clarified

  • February 24, 2023
  • Hung Nguyen

7299362 Canada owns a trademark registration for ALEXA TRANSLATIONS for consulting services in the field of corporate finance (“Corporate Finance Services”), web development services (“Web Development Services”), and software as a service (SAAS) provider in the field of language translation” (“SAAS Translation Services”), among others.

Intellectual Property