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Federal Court Rules that Patent Agent Privilege Does Not Apply to Freedom to Operate Opinions

Canada - December 6 2021 In Janssen Inc and Mitsubishi Tanabe Pharma Corp v Sandoz Canada Inc, Case Management Judge Horne interpreted amended section 16.1(1) of the Patent…

Joshua W. Spicer

Multiple Lives for TRREB’S Multiple Listing Service: Claim for Copyright Infringement Survives Motion to Strike on Appeal

Canada - December 1 2021 In a year that could not seem to get any more litigious for the Toronto Regional Real Estate Board (TRREB), the Federal Court of Canada has issued…

Martin Brandsma

Trend Hunters - Recent Developments in the Attribution Requirement for “News Reporting”.

Canada - October 22 2021 For the second time in 2021, the Federal Court has weighed in on the attribution requirements for a dealing to qualify as "fair" in the context of…

François Larose, Tamara Céline Winegust, Naomi Zener

Federal Court of Appeal Offers Further Guidance on Elevated Costs Awards

Canada - October 1 2021 The Federal Court of Appeal has provided further guidance on the circumstances under which litigants may obtain costs awards exceeding those…

Bruna D.D. Kalinoski, Andrew McIntosh

Federal Court of Appeal provides jolt to voltage’s reverse class action

Canada - September 17 2021 The Federal Court of Appeal (FCA) has re-opened the door for copyright owners to seek remedies against a class of defendants for their direct…

Tamara Céline Winegust, Naomi Zener