Markwell Clarizio LLP

September 2024

Federal Court invalidates Four Patents for Overbreadth, Inutility, Anticipation and/or Obviousness

On September 13, 2024, the Federal Court (per Manson J.) held that four patents owned by ProSlide Technology Inc. (“ProSlide”) were invalid, and that three of those patents were not infringed by the manufacture of waterslide component parts in Canada by WhiteWater West Industries, Ltd. (“WhiteWater”).  The case turned largely on the facts but raised […]

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Patent For a Flexible Wall System Not Infringed and Certain Claims Invalid

The Federal Court ruled that Chanel did not infringe Molo Design’s patent on a Flexible Wall System, and that claims 1 and 2 are invalid as being anticipated or obvious in light of the prior art. Molo Design, Ltd. v. Chanel Canada ULC et al, 2024 FC 1260 Background In early 2021, Chanel used window

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Government of Canada Responds to Parliamentary Committee Report on PMPRB Reform

On May 6, 2024, Canada’s Standing Committee on Health (“HESA”) issued a report containing “ten recommendations on how the Government of Canada can enable the Patented Medicine Prices Review Board (“PMPRB”) to more effectively carry out its mandate and implement its reforms” (“Report”). HESA called on the Government of Canada to “table a comprehensive response

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