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Range in dosage regimen claims found not to invoke physician’s judgement
  • Bereskin & Parr LLP
  • Canada
  • April 17 2017

There has been a significant amount of uncertainty in Canada regarding the patentability of use claims which include dosages and dosage regimens


‘NATURA’ Trademark Case Sent Back to Federal Court for Re-Determination: “Family” of Marks vs “Mark to Mark” Comparison and the Importance of Relevant Material Dates
  • Bereskin & Parr LLP
  • Canada
  • April 13 2017

In Benjamin Moore & Co. Limited v. Home Hardware Stores Limited, 2017 FCA 53 the Federal Court of Appeal granted an appeal of the Federal Court’s


Go your own way: Canadian Patent Office instructs examiners to disregard Supreme Court of Canada precedent in construing claims
  • Bereskin & Parr LLP
  • Canada
  • April 4 2017

Materials from a recent “refresher training” for examiners at the Canadian Intellectual Property Office (CIPO) highlight inconsistencies between


Tribunal Decides in Favour of Canada in NAFTA Arbitration Suit
  • Bereskin & Parr LLP
  • Canada
  • March 21 2017

The Government of Canada has prevailed in its NAFTA arbitration suit with Eli Lilly and Company “Lilly”. Lilly sued the sued the government as a


The Requirement of Causation in an Accounting of Profits - Federal Court of Appeal rules on Availability of Non-Infringing Alternatives and Apportionment of Non-Infringing Services
  • Bereskin & Parr LLP
  • Canada
  • March 16 2017

In a recent patent Accounting of profits decision of the Federal Court of Appeal in Apotex Inc v ADIR, 2017 FCA 23, the Court emphasized that the


Litigation - 2016 Year in Review
  • Bereskin & Parr LLP
  • Canada
  • March 8 2017

In 2016, the Federal government proposed changes to the rules that govern litigation, the Federal Courts issued directions for the conduct of


Careful clearing photos from social media for news reporting
  • Bereskin & Parr LLP
  • Canada
  • March 3 2017

Clearing rights to use a photograph can be nuanced. A recent decision out of Quebec highlights the importance of clearing rights both of


Canada: Dotting the ‘.com’ and crossing the ‘.sucks’: how to manage your domain name portfolio
  • Bereskin & Parr LLP
  • Canada, Global
  • March 1 2017

In today's digital marketplace, a company's web address is often one of its most valuable and important assets. First and foremost, domain names have


A Quarter Million in Punitive Damages Upheld in Chanel Counterfeit Appeal
  • Bereskin & Parr LLP
  • Canada
  • February 28 2017

$314,000 in damages, $66,000 in costs at first instance, plus solicitor-client costs on the appeal (which was found to be “without merit”). In Lam v


Build an IP case to protect your database - It’s time to treat your company data as proprietary and confidential.
  • Bereskin & Parr LLP
  • Canada
  • February 28 2017

Our predecessors have always been collectors. Hunter-gatherers survived in harsh climates by collecting stone axes, arrow- heads, Animal furs and the