Case summary: Eli Lilly Canada Inc. v. Apotex October 30, 2023 Ken Clark and Jonathan Marun-Batista Eli Lilly Canada Inc. v. Apotex
Case summary: Motions for summary trial to be denied only in rare circumstances October 30, 2023 Janssen Inc., and Actelion Pharmaceuticals Ltd. (collectively, the “Applicants”) brought a motion to oppose the scheduling of a motion for summary trial that Sandoz Canada Inc. (the “Respondent”) intended to bring under section 213(1) of the Federal Courts Rules (the “Rules”).
Case summary: Federal Court denies in personam order to produce assignor inventors for discovery October 30, 2023 Karin Mistlberger and Pablo Tseng Jamp Pharma Corporation (the “Applicant”) brought an application under Rule 237(4) of the Federal Courts Rules (the “Rules”) to compel the attendance of Boehringer Ingelheim (Canada) Ltd. and Boehringer Ingelheim International GMBH’s (collectively, the “Respondents”) 13 employee inventors (the “Inventor Employees”) for discovery.
Case summary: Federal Court accepts additional evidence on trademark use and adds a good to the class October 30, 2023 Susan O’Neil This is an appeal from a decision of the Trademark Opposition Board dated 29 December 2022 (2022 TMOB 267).
Case summary: Law to be applied in evidentiary issues October 30, 2023 Cheryl Cheung The plaintiff, Fromfroid S.A., sued the defendants, 1048547 Ontario Inc. (better known as Skotidakis) and Frimasco Inc., for infringing Fromfroid’s Canadian Patent No. 2,301,753.
Case summary: Costs award in patent infringement case October 30, 2023 Cheryl Cheung These reasons related to a decision on costs following a patent infringement judgment (citation: 2023 FC 925). In the main action, the plaintiff, Fromfroid S.A., prevailed and was awarded regular and punitive damages against the defendants,1048547 Ontario Inc. (better known as Skotidakis) and Frimasco Inc.
Case summary: Summary trial for alleged trademark and copyright infringement August 23, 2023 Michael Mitchell This decision involved a motion for summary trial, which arose after the Federal Court (“Court”) dismissed a motion for summary judgment by finding there was a genuine issue for trial.
Case summary: Control over the quality of finished products and services required under s 50(1) of the Trademarks Act August 23, 2023 Eric Li This case involved Milano Pizza Ltd.’s (“Milano”) appeal from a decision of the Federal Court (“FC”), which dismissed its action for trademark infringement, passing off, and depreciation of goodwill.
Case summary: Intellectual property proceedings do not always entitle parties to elevated costs awards under Rule 407 of the Federal Court Rules August 23, 2023 Eric Li This decision was an assessment of costs arising from Zara Natural Stones Inc.’s (“Zara”) successful appeal before the Federal Court of Appeal. The Assessment Officer applied Rule 407 of the Federal Courts Rules (“Rules”) and assessed costs in accordance with Column III of the table to Tariff B.
Case summary: Federal Court grants application to add inventor August 23, 2023 Eric Li This case involved Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) application pursuant to s 52 of the Patent Act (“Act”) to vary the records concerning the registration for their patent so as to name an additional inventor.