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When a Trademark Owner Acts Like a Lewis Carroll Anthropomorphic Creature
  • SIM. IP Practice
  • Canada
  • December 6 2017

This is a case where two direct competitors coexisted in the Canadian luggage and bag marketplace until the junior company decided to play the role of


Federal Court Declines Jurisdiction to Approve Third-Party Funding Agreements in the Private Litigation Context
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • December 5 2017

The practice of parties receiving funding for litigation via third-party funding agreements has ramped up in recent years. As this case demonstrates


Federal Court of Appeal infuses greater certainty into the Canadian obviousness analysis
  • Osler Hoskin & Harcourt LLP
  • Canada
  • November 23 2017

What is "inventive" for the purpose of obtaining a patent? Since 2008, Canadian Courts have applied the four-step analysis known as the


Federal Court finds Insomnia-treating Drug Patent neither Invalid nor Infringed
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • November 14 2017

In this Federal Court (“FC”) decision, the formulation patent for the insomnia-treating drug zolpidem tartrate (“zolpidem”), licensed by Meda AB, Meda


Federal Court Adjourns Motion for Confidentiality Order
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • October 24 2017

A third party whose patent interests may be affected by an application is entitled to notice of the application. In this Federal Court ("FC"


Pfizer obtains orders of prohibition on polymorphic form patent
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • October 20 2017

On September 22, the Federal Court, in a pair of decisions, granted Orders of prohibition under the Patented Medicines (Notice of Compliance


R.I.P. consent protective orders
  • Gowling WLG
  • Canada
  • October 3 2017

In a sweeping change to Federal Court practice, Prothonotary Tabib in LFOW v Soldan Fence, 2017 FC 858 concluded that "the Court ought no longer to


New challenges and opportunities for pharmaceutical trademarks in Canada
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • October 2 2017

In Canada, trademarks for pharmaceutical preparations and related products have faced numerous challenges, some of which are unique to the industry


Welcome to the Canadian pharmaceutical patent dance
  • Osler Hoskin & Harcourt LLP
  • Canada
  • September 26 2017

For nearly 25 years, Canada's Patented Medicines (Notice of Compliance) Regulations have been the cornerstone of pharmaceutical patent litigation in


Federal Court finds Expert Blinding to be One Factor in Assessing Weight Given to Expert Evidence
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • September 19 2017

When using expert witnesses in patent litigation, blinding them to the legal framework may be viewed favourably, however, it is only one of perhaps