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Author name: Emily Papsin

Patent for Agricultural Computer System Held Invalid for Anticipation and Obviousness

IP Decisions /

On June 18, 2024, the Federal Court (per McHaffie J.) held that a patent for a computer system used to collect and process agricultural data was invalid for anticipation and obviousness.  Agi Suretrack, LLC v. Farmers Edge Inc., 2024 FC 934 Background Canadian Patent No 2,888,742 (the “742 Patent”) entitled “Farming Data Collection and Exchange […]

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Court Overturns TMOB Decision Based on New Evidence of Earlier and Continuous Use

IP Decisions /

The Federal Court (Tsimberis J.) recently held that the Applicant, F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. (“Applicant” or “Fial”) is entitled to register the trademark, GALPERTI pursuant to ss. 38(2)(c) and 16(1)(a) of the Trademarks Act (the “Act”) in an appeal of a decision of the Trademarks Opposition Board (“Board”) that had refused Fial’s application

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Federal Court Grants an Application to Add Inventors and an Owner to an Issued Patent

IP Decisions /

 On May 31, 2024, the Federal Court (Tsimberis J.) granted an application to correct the inventorship of an issued patent. The decision provides a clear explanation of the relevant legal principles (Patent Act, s. 52) and the type of evidence that must be led to obtain relief. Smith Sport Optics, Inc. v. Canada (Commissioner of

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Court Dismisses Passing Off and Expungement Action After Summary Trial

IP Decisions /

This was a motion for summary trial in a passing off and expungement case between competitors in the mobile video game market. The Court (per Fuhrer J.) held that summary trial was an appropriate vehicle for deciding the Plaintiff’s claims for passing off and expungement of the Defendant’s registration – and that those claims were

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Federal Court Re-Iterates that the Fair Dealing Exception to Copyright Infringement is Fact Specific

IP Decisions /

On May 31, 2024, the Federal Court (Roy J) released its decision on the summary judgment motion brought by the Attorney General of Canada (“AGC”) on behalf of Parks Canada, in which he dismissed Blacklock’s Reporter’s (“BR”) copyright infringement action against the AGC. This matter is one of several related and contextually similar actions brought

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