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FCA holds that Anticipation by Publication is a Difficult Defence to Establish

IP Decisions /

On August 19, 2024, the Federal Court of Appeal (per Locke JA; Woods and Laskin JJ.A., concurring) held that a patent claiming a specific herbicide (flucarbazone sodium) for the selective control of wild oats was not anticipated by two prior patents disclosing genera of herbicides for a variety of uses. Agracity Crop v. Upl Na […]

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Federal Court finds Jamp’s nintedanib capsules to infringe Boehringer’s use patent but not its formulation patent

IP Decisions /

On August 8, 2024, the Federal Court (per Furlanetto J.) held that a patent directed to nintedanib for use in the prevention or treatment of idiopathic pulmonary fibrosis (“IPF”) was valid and infringed, while a patent directed to formulations of nintedanib was not infringed.  Boehringer Ingelheim (Canada) Ltd. et al v. Jamp Pharma Corporation, 2024

Federal Court finds Jamp’s nintedanib capsules to infringe Boehringer’s use patent but not its formulation patent Read More »

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

Patent for Agricultural Computer System Held Invalid for Anticipation and Obviousness Read More »

Federal Court Makes Rare Holding that Patent Claims are Invalid for Ambiguity

IP Decisions /

Co-authored by Emily Papsin The Federal Court recently held (per McHaffie J.) that the impugned claims of two related patents for an additive manufacturing process (3D printing) were invalid and not infringed because an essential element (“depletion layer”) was ambiguous. Tekna Plasma Systems Inc. v. AP&C Advanced Powders & Coatings Inc., 2024 FC 871 Background

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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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Supreme Court of Canada Dismisses Application for Leave in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10

IP Decisions /

On June 27, 2024, the Supreme Court of Canada dismissed the applications for leave to appeal in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10, both Federal Court of Appeal decisions pertaining to inducing infringement of a patented dosing regimen. We published

Supreme Court of Canada Dismisses Application for Leave in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10 Read More »

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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