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Canadian Patent Act amendments introduce file wrapper estoppel

Canada - January 17 2019 New amendments to the Canadian Patent Act deem a patent’s Canadian prosecution history (the so-called file wrapper) material in litigation where claim...

Fred Wu, Fiona Legere.

It’s Settled Then: Federal Court Enforces Settlement where Parties Disagreed on Terms of Formal Settlement Agreement

Canada - July 17 2018 The Federal Court’s recent decision in Maoz Betser-Zilevitch v Nexen Inc. et. al., 2018 FC 735 is a reminder to litigants that “a settlement agreement...

Bart Nowak.

Shire’s Vyvanse Patent Valid and Infringed - Federal Court Raises Key Patent Law Issues

Canada - July 12 2018 In Apotex Inc. v. Shire LLC, 2018 FC 637 (“Vyvanse”), Justice Fothergill of the Federal Court dismissed Apotex’s action to impeach Shire’s patent...

James S. S. Holtom.

What You Need to Know About Toronto’s New Arts and Culture Property Tax Subclass

Canada - July 11 2018 For decades the City of Toronto has offered reduced municipal tax rates to charities and heritage properties, and this year, a new sub-class was...

James S. S. Holtom.

Did the Québec Court Apply a Lower Standard for Interlocutory Injunctions in a Patent Case? Probably Not.

Canada - March 16 2018 Interlocutory injunctions are rarely granted in patent cases. The “irreparable harm” branch of the RJR -MacDonald Inc. v. Canada (Attorney General)...

Bart Nowak.