Comity is the best policy: Federal Court of Appeal provides guidance on comity in its construction of the “inventive concept” [Combigan®] *

Canada - December 4 2012
On November 23, 2012, the Federal Court of Appeal upheld a prohibition order preventing the Minister of Health from issuing a Notice of Compliance to Apotex Inc. (“Apotex”) in respect of its generic form of COMBIGAN® until the expiry of Allergan Inc.’s (“Allergan’s) Canadian Patent No. 2,440,764 (the “’764 Patent”).

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Lessons from Myriad: eligibility for U.S. patent protection confirmed for human-made isolated DNA, denied for abstract diagnostics *

USA - August 21 2012
On August 16, the United States Court of Appeals for the Federal Circuit (the “USCAFC”) rendered its decision in the Myriad case after the case was remanded back to it by the U.S. Supreme Court for re-determination in light of that court’s recent decision in Mayo Collaborative Services v. Prometheus, Inc. (“Mayo”).

Co-authors: Marie-Hélène Rochon, Demian Barbas.

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IP monitor - Imperial Tobacco Canada smokes Marlboros *

Canada - August 3 2012
The recent decision by the Federal Court of Appeal in a trade-mark dispute between Imperial Tobacco Canada Limited (“ITL”) and Philip Morris Products S.A. (“PM”) raises complicated legal issues regarding trade-mark infringement and the defences thereto arising from a unique set of cross-border U.S./Canada events.

Co-authors: Brian W. Gray.

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Energy wasted defending disparaged Direct Energy’s claims of Trade-mark and Competition Act breaches *

Canada - July 26 2012
A recent decision from the Ontario Superior Court of Justice highlights the risks associated with a comparative advertising campaign.

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IP monitor - Federal Court BBMs BBM: “RIM’s texting service is not confusing” *

Canada - July 13 2012
Recently the Federal Court of Canada dismissed BBM Canadas trademark dispute with Research in Motion (RIM) over RIMs use of the trademark BBM in association with its BlackBerry Messenger service.

Co-authors: Jordana Sanft.

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