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IP Decisions

Ontario Place Wellness Development in Warm Water Over Trademark Use

IP Decisions /

Tsimberis J. of the Federal Court heard an application by Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. (“Nordik” or the “Applicants”) to have certain services expunged from trademark registrations held by Therme Development (CY) Ltd. (“TDL”). Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. v. Therme Development (CY) […]

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Causation and Other Factors to Consider in an Accounting of Profits

IP Decisions /

Lafrenière J. of the Federal Court, acting as a Referee in a reference under Rule 153(1) of the Federal Courts Rules,SOR/98-106 (“Rules”), recently issued an interim report on the quantification of profits made by Travelway Group International Ltd. (“Travelway”) through the sale of travel accessories including luggage (the “Infringing Products”) that were passed off as

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The Federal Court overturns an expungement decision thanks to the admission and consideration of new evidence

IP Decisions /

In a decision by Pallotta J., the Federal Court allowed an appeal of the Registrar’s decision to expunge a trademark registration owned by The Little Brown Box Pizza, LLC (“Owner”), but amended it by deleting several services, as the Owner had not shown any use or special circumstances that excused their non-use. The Little Brown

The Federal Court overturns an expungement decision thanks to the admission and consideration of new evidence Read More »

FCA holds that Confidential Disclosure does not Anticipate. Foreign Company is Liable for Infringement by “Common Cause”

IP Decisions /

On September 27, 2024, the Federal Court of Appeal (“FCA”) affirmed that four patents owned by AngelCare Canada (“AngelCare”) are valid and were infringed by the manufacture and sale of diaper pail cassettes by Munchkin Baby Canada Inc. (“Munchkin Canada”) and its US parent, Munchkin, Inc. (“Munchkin USA”). The decision raises important issues relating to

FCA holds that Confidential Disclosure does not Anticipate. Foreign Company is Liable for Infringement by “Common Cause” Read More »

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

IP Decisions /

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

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

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

IP Decisions /

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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Rovi #2: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Bell and Telus)

IP Decisions /

  On August 6, 2024, the Federal Court of Appeal (per Gleason JA; Stratas and Monaghan JJA, concurring) held that two patents owned by Rovi Guides [Rovi] were invalid. Nonetheless, in obiter, the FCA provided clarification on the circumstances in which an accounting of profits and a permanent injunction are available as remedies for patent

Rovi #2: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Bell and Telus) Read More »

Rovi #1: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Videotron)

IP Decisions /

  On August 6, 2024, the Federal Court of Appeal (per Gleason JA; Stratas and Monaghan JJA, concurring) held that two patents owned by Rovi Guides [Rovi] were invalid for obviousness. Nonetheless, in obiter, the FCA held that the trial judge erred in several aspects of his remedial analysis, including the correct approach for deciding

Rovi #1: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Videotron) Read More »

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 »