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Article | May 04, 2026
Case summary: FCA sets aside decision on passwords and TPMs
At issue were two declarations made by the lower Court (see 2024 FC 829) on the scope of fair dealing and technology protection measures (TPMs).
Article | May 04, 2026
Case summary: The Federal Court of Appeal Highlights Evidentiary Risks of Online Surveys and the Limited Distinctiveness of Certification Marks
In this decision, the Federal Court of Appeal provided guidance on the use of internet-based survey evidence in trademark proceedings and clarified the limited value of descriptive certification marks in establishing distinctiveness.
Article | May 04, 2026
Case Summary: Plaintiff in Patent Infringement Action Cannot Be Expected to Anticipate and Address Every Possible Theory of Non-Infringement in Chief
This decision concerned a pre-trial motion regarding expert evidence in connection with two actions brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations.
