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Results: 1-10 of 387

Order of prohibition overturned on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by

TMOB erred in not finding “direct or indirect control of the character or quality of the mark's use”

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

The Trade-marks Opposition Board (TMOB) previously refused to register Cathay Pacific’s application to register five marks, including Asia MILES. The

Nominal damages awarded for infringement when no evidence of damages is provided

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

Default judgement was awarded against a defendant for trade-mark infringement. The defendant was served but never participated in the proceeding

Joint ownership in copyright ordered on basis of a memorandum assigning rights

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

The applicant moved under subsection 57(4) of the Copyright Act to correct the name of the holder of three copyright certificates, by naming the

Decision granting request for case management of IP litigation upheld on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

This was an appeal by the Defendants of the order of a Prothonotary granting the Plaintiffs’ request for special management of this action, an action

Final injunction permits existing patients to continue to receive infringing medicine

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

This decision relates to the crafting of a final injunction for the sale of STELARA following a finding of infringement. In an earlier trial decision

Claim seeking punitive and exemplary damages denied as part of section 8 proceeding

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

His is a case relating to the drug Viagra. This was an appeal from an order of the Federal Court which dismissed an appeal from an order of a

Clinical studies exempted from public use in allegation of anticipation

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

His is an application pursuant to the Patented Medicines (Notice of Compliance) Regulations. The Court began by noting that it had issued an Order of

Patent infringement action dismissed since no claims were both valid and infringed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 2 2014

This was a patent infringement action, relating to an invention that pertains to the general field of building construction. The Court conducted a

Experts permitted to attend testing at plaintiff's facility

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 2 2014

This Order was issued in 2012, but just made public now. The defendant brought a motion seeking to permit its experts to attend testing, for samples