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Global Competition Review | Canada | 27 Oct 2023

Understanding the Canadian Federal Court’s dismissal of a $12 billion class action against Amazon

The Federal Court of Canada has refused to certify a CA$12 billion class action against Amazon (outlined by our previously published article).This…
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Global Competition Review | Canada | 16 Aug 2023

Federal Court of Appeal clarifies evidentiary burden and denies certification for DRAM class action

The Federal Court of Appeal has upheld the Federal Court’s dismissal of a certification motion in Jensen v Samsung Electronics Co Ltd…
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Smart & Biggar | Canada | 31 Jul 2023

Federal Court decision narrows test for depreciation of goodwill in comparative advertising cases

The Federal Court of Canada recently issued its long-awaited decision in Energizer Brands, LLC v Gillette Company. The case is noteworthy because it is a "comparative advertising" case, and one of only a few that have dissected section 22 of the Trademarks Act. This article provides full analysis of the case.
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Fasken | Canada | 18 Jul 2023

Federal Court Dismisses Misuse of Copyright Claim in Millennium v. Bell

In one of the first claims seeking damages against an ISP for failure to comply with the “notice and notice” obligations in the Copyright Act, the…
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Smart & Biggar | Canada | 5 Jul 2023

Court permits addition of inventor to patent that is subject of ongoing litigation

In Regeneron Pharmaceuticals, Inc v Canada (AG), the Federal Court granted Regeneron's application to add an inventor to its issued patent, which was the subject of pending litigation. The Court was satisfied, based on the evidence, that the omission of the inventor was made by inadvertence or mistake and not to intentionally cause delay.
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Fasken | Canada | 23 Mar 2023

Was the Federal Government Right To Designate “Plastic Manufactured Items” As Toxic?

The case of Responsible Plastic Use Coalition and others v. Minister of the Environment was heard in early March Federal Court in Toronto. Four…
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Tereposky & DeRose LLP | Canada, Haiti | 24 Feb 2023

Canada Targets Additional “Haitian Elites” In Sixth Round of Sanctions

On February 15, 2023, the Government of Canada further amended the Special Economic Measures (Haiti) Regulations (the "Haiti Regulations") by…
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Smart & Biggar | Canada | 1 Feb 2023

Federal Court rejects pre-trial determination of question of law about nature of section 8 but-for world

Dr. Reddy's seeks damages from Janssen pursuant to the amended section 8 of the Patented Medicines (Notice of Compliance) Regulations for its lost sales of abiraterone acetate. Justice Southcott recently decided three previous motions in section 8 actions relating to abiraterone acetate. In this fourth motion, Dr. Reddy's requested the Federal Court's determination of a question of law prior......
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Smart & Biggar | Canada | 23 Jan 2023

Canadian patent law 2022: year in review

2022 was an active year in Canadian patent law: claim fees were introduced for the first time, changes were made to regulations providing remedies for excessive pricing of patented medicines and a range of court decisions addressed important issues. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions.
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Smart & Biggar | Canada | 14 Dec 2022

Federal Court rejects trial of common issues and allows pleadings amendment concerning supply disruptions in abiraterone acetate amended section 8 actions

🕑 4 minutes In January 2021, the Federal Court found Janssen's Canadian Patent No. 2,661,422 invalid. In three separate actions, Apotex, Dr. Reddy's and Pharmascience seek damages from Janssen pursuant to amended section 8 of the Patented Medicines (Notice of Compliance) Regulations for their lost sales of abiraterone acetate. Justice Southcott recently decided three motions addressing......
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