Co-written with Emily Papsin The Federal Court (per Zinn J.) set aside a decision by the Commissioner of Patents (“Commissioner”) refusing to reinstate Matco Tools Corporation’s (“Matco”) patent application which had been deemed abandoned for failure to pay maintenance fees. The Court found that the Commissioner did not conduct the requisite two-stage inquiry to assess […]
The Federal Court (O’Reilly J.) dismissed an application for judicial review brought by Bayer Inc. (“Bayer”). The Court found that the Minister of Health (the “Minister”) was not unreasonable in not determining the Bayer patent’s eligibility for listing on the patent register the same day it was received for consideration. Bayer Inc. v. Amgen Canada
Court holds that Health Canada patent listing delay is reasonable Read More »
On January 3, 2025, the Federal Court (per McVeigh J) dismissed an application alleging passing off of the unregistered trademark “Indican Pictures” because the Applicant did not establish use of its mark prior to the Respondent beginning to use its allegedly confusing marks. 2K4 Inc. (Indican Pictures) v. Indiecan Entertainment Inc., 2025 FC 20 Background
From Reel to Real: The Importance of Prior Use Evidence in Passing Off Cases Read More »
The Federal Court of Appeal (per Locke J.A. with Leblanc J.A. and Pamel J.A. concurring) (“FCA”) held that the Federal Court (per St.-Louis J.) did not err in finding that several claims of Nordik Blades’ (“Nordik”) three patents on snowplow blades were invalid for obviousness. Usinage Pro-24 Inc. v. Valley Blades Ltd., 2025 FCA 4
Nordik’s Appeal of Obviousness Finding for its Snow Plow Patents Gets Blown Over Read More »
