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Canadian Federal Court’s Notice of Experimental Testing is Inapplicable to Testing Conducted Prior to Litigation

Canada - April 23 2020 Federal Court of Appeal finds pre-litigation experimental testing is exempt from the Federal Court’s 2016 Notice re: Experimental Testing, even if...

Steven Tanner, James S. S. Holtom.

Canadian patents claiming a formulation for a medicinal ingredient may be eligible for patent term extension

Canada - April 10 2020 In an April 7th ruling, Canada’s Federal Court required the Minister to re-determine its conclusion that a patent, which claims an antigen in...

Tracey Doyle.

Canada’s Federal Court: expert opinions and legal arguments are not proper discovery in patent cases

Canada - April 9 2020 In this decision, “position questions” (seeking disclosure of expert opinions and legal arguments) were ruled improper discovery questions. The...

Tracey Doyle.

Irreparable Harm Remains an Important and High Hurdle for Preliminary Injunctions in Canada’s Federal Court

Canada - April 2 2020 While the loss of distinctiveness and goodwill could in some circumstances justify a preliminary injunction, the Federal Court requires “clear and...

Tracey Doyle.

COVID-19: Canadian Government Can Now Use Patented Inventions to Respond to the Public Health Emergency

Canada - March 25 2020 In response to the COVID-19 pandemic, the government of Canada quickly gave itself the authority to use and even sell inventions that have been...

Steven Mason, Tracey Doyle.