[1] This is an appeal from a decision of the Commissioner of Patents refusing Mr. Choueifaty’s patent application on the ground that the essential elements of the claimed patent fall outside the definition of ‘invention’ in section 2 of the Patent Act, RSC 1985, c P-4. [2] This appeal turns on whether the Commissioner applied the proper test when construing the essential claims of the patent application. I agree with the Appellant that she did not. This appeal must be allowed.

This is a public version of confidential reasons for judgment issued to the parties. There are no redactions from the confidential reasons for judgment.

This was a matter remitted to the Federal Court of Canada by the Federal Court of Appeal. In a first action, Bombardier Recreational Products Inc. alleged, by the end of trial, infringement of 49 claims from four patents in respect of snowmobiles.

Bauer Hockey Ltd. brought this action against Sport Maska Inc. (doing business as CCM Hockey) for infringement of its patent for a pattern for a skate component called the “quarter.” In particular, the patent in issue claimed that whereas the upper of a hockey skate is typically made up of two quarters sewn together, the skate upper comprises a one-piece “quarter.”

This decision concerns the appeal of a decision of the Registrar of Trademarks, refusing the trademark application for FREDDO (for coffee/tea-related goods, jewellery/other merchandise-related goods, and restaurant/franchise-related services).

Bedessee Imports Ltd. seeks an order expunging the trademarks HORLICK’S and HORLICKS. The application was dismissed by the Federal Court, and the Federal Court of Appeal affirmed the decision.

Janssen initiated a patent infringement action pursuant to ss 6(1) of the PMNOC Regulations, relating to Canadian Patent No. 2,655,335, and Janssen’s INVEGA SUSTENNA® (paliperidone palmitate). Teva filed an ANDS with Health Canada seeking approval to sell its own paliperidone palmitate product in Canada. On Jan. 9, 2018, Teva served Janssen with a Notice of Allegation pursuant to the Regulations, and Janssen commenced this action.

Beyond Restaurant Group LLC brought an application to expunge the POKEWORKS trademark (Canadian trademark registration No. TMA985822) registered in the name of the respondent. The applicant alleged that the impugned mark had not been used by the respondent, was not distinctive of the respondent’s services, and that the respondent had filed a false Declaration of Use in an attempt to “squat” on the applicant’s trademark rights.

Summary judgment motion refused after trial adjourned due to Covid.

In this matter, the defendant, Jempak, sought summary judgment against the plaintiff, Gemak, in a patent infringement claim (or in the alternative, an order directing a summary trial on the issue of non-infringement).