The Federal Courts Rules Committee has posted a discussion paper on possible procedural changes to the Federal Courts Rules. The proposed changes relate to among other things, time limits for defences, books of authorities, amici curiae, and monetary limits for simplified procedure and prothonotaries. Comments are requested by the Rules Committee by June 24, 2011July 15, 2011.
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Earlier today, the United States Supreme Court released a decision in Global-Tech Appliances, inc. v. SEB S.A. (PDF) on the test for inducement of infringement. The majority held that induced infringement requires knowledge that the induced acts constitute patent infringement.
The Federal Courts Rules Committee has issued a discussion paper regarding possible changes to the Federal Courts Rules to allow for better use of technology in the Court. Comments are requested by June 17, 2011July 15, 2011.
Earlier today, the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 relating to the analysis of likelihood of confusion between trademarks. The decision is an appeal from the Federal Court of Appeal in 2009 FCA 290.
The U.S. Court of Appeals for the Federal Circuit released its en banc decision in Therasense (PDF). The majority held that the defendant must prove the applicant misrepresented or omitted material with a specific intent to deceive the patent office to be successful with an inequitable conduct defence.
The Supreme Court of Canada is planning to announce judgments in five intellectual property related leave applications on Thursday, May 5, 2011. The leave applications relate to fair dealing, s.8 damages under the PM(NOC) regulations, the Saccharin doctrine and insufficiency.
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