Looking forward to catching up with friends and colleagues at the CBA IP Day and Judges’ Dinner in Ottawa – please say hi if you will be there too. The day begins with a Diversity Breakfast and a Town Hall with members of the Federal Court, followed by the CBA IP Professional Development program in the afternoon and concludes with the Judges’ Dinner.
Tag Archives: Federal Court
Trial Management
The Federal Court issued a practice notice on trial management conferences and procedures. The guidelines identify issues to be determined at pre-trial conferences and trial management conferences as well as impose new deadlines for pre-trial steps.
Reasonable Royalties and Non-Infringing Alternatives
In a decision released earlier this year, Frac Shack Inc. v. AFD Petroleum Ltd., 2017 FC 104, the defendant was found to infringe several of the claims in a patent relating to a fuel delivery system used for hot refuelling equipment used for hydraulic fracturing. The court ordered a 27% royalty rate for sales made prior to the grant of the patent at issue and did not consider a manual process as being a non-infringing alternative. My article on this decision was published by Slaw. Continue reading Reasonable Royalties and Non-Infringing Alternatives
No Email
There is no IPPractice daily email for November 25 because the Federal Court websites are down for scheduled maintenance. Continue reading No Email
Patent Colloquium
For those interested, the Fifth Annual Patent Colloquium at the new law building at UofT is a month away on Friday, November 4th. There will be panel discussions on early stage claim construction, independence of experts, non-infringing alternatives, among other topics.
Standard of Review
In an appeal from a prothonotary decision relating to inventor examinations, a five-member panel of the Federal Court of Appeal held that the court “should abandon the Aqua-Gem standard and adopt the one set out in Housen” for appeals from discretionary decisions of prothonotaries.
Patent Experts
My recent column on the use of experts in patent cases was published last week on Slaw.ca. It touches on some of the recent developments in this area including the updated guidelines on experimental testing, blinding of experts and number of experts in bifurcated proceedings. Continue reading Patent Experts
Prothonotary Appointment
Mandy Aylen, a partner at BLG, has been appointed a prothonotary of the Federal Court in Ottawa. The appointment was effective June 16th. Continue reading Prothonotary Appointment
Judicial Appointments
Judges were appointed today to the courts in Alberta, Ontario, BC and Quebec and to the Federal Court of Appeal. Justice Judith M. Woods, formerly a judge of the Tax Court was appointed to the Federal Court of Appeal.
Town Hall
At the Federal Court’s annual town hall held on May 12, 2016, the court provided an update and made some new announcements, including new Case Management Guidelines for NOC Applications.