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Damages portion of trial determined
  • Borden Ladner Gervais LLP
  • Canada
  • July 20 2015

This decision relates to the remedy portion of an infringement action in which the Plaintiffs were successful. That decision was upheld on appeal


Supreme Court hears arguments for royalty payments for ephemeral copies
  • Borden Ladner Gervais LLP
  • Canada
  • March 18 2015

The Supreme Court heard the arguments in CBCSRC v. SODRAC 2003 Inc. on March 16th, an appeal from 2014 FCA 84. The Supreme Court summarized the case


Business delays in opening a Canadian establishment found not sufficient to support non-use of the Mark STK
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

This is an appeal from a decision of the Registrar who refused to expunge the Respondent’s mark pursuant to section 45 of the Trademarks Act. The


Application for an order of prohibition dismissed for formulation patent
  • Borden Ladner Gervais LLP
  • Canada
  • March 18 2015

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was


Nominal damages awarded following infringement of PIRANHA mark
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

The Applicants own or licence two trademarks, a PIRANHA word mark and a PIRANHA design mark in association with saw blades and related wares. These


Formulation patent allegations of non-infringement, obviousness and lack of utility justified
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at


Alberta court has jurisdiction to hear a claim for copyright infringement after materials are sent from Newfoundland and Labrador to Alberta
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

Geophyical Service Incorporated (GSI) commenced an action that includes a claim for copyright infringement. GSI claims all IP rights in the data it


Appeal in NOC Proceeding dismissed as moot
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of


Interplay between Broadcasting Act and Copyright Act Considered in Respect of Retransmission
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

The Ontario Superior Court of Justice was considering a request by VMedia for an order declaring that its new internet retransmitting service does not


Appeal granted where, inter alia, findings were contentious matters unsuited to resolution under the summary process of section 45
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

The Federal Court granted an appeal of a decision of the Trademarks Opposition Board (TMOB). In the decision below, the TMOB was satisfied that the