The Prime Minister has nominated Justices Moldaver and Karakatsanis, both currently of the Ontario Court of Appeal for appointment to the Supreme Court of Canada, replacing Justices Binnie and Charon who both retired earlier this year.

The Globe and Mail has an article on the appointees and the process leading to them joining the Supreme Court. According to the article, they may join the Court in time to hear the copyright appeals being heard in early December.

Although the Ontario Court of Appeal does not hear many intellectual property proceedings, Justice Moldaver did write for the Court in Harris v. GlaxoSmithKline 2010 ONCA 872, on patent misuse and excessive pricing and Justice Karakatsanis was also on that panel. Justice Moldaver was on the panel that decided Pro Swing v. Elta Golf (2004), 71 OR (3d) 566 (ON CA) refusing to enforce a foreign trademark judgment (upheld by the SCC – 2006 SCC 52) and Bayer Aktiengesellschaft v. Apotex Inc., 1998 CanLII 5747 (ON CA), on compulsory licenses under the Patent Act.

Information on intellectual property proceedings at the Supreme Court are available on my Supreme Court litigation page.