The Federal Government has responded to the recommendations of the special advisor on Prothonotary compensation, including with a proposal to have Prothonotary compensation managed under the Judges Act.
Tag Archives: Federal Court
Experimental Testing
The Federal Court has published a Notice to the Profession on experimental testing in patent infringement and validity actions. It requires that notice be provided at least two months prior to the service of expert reports and unless notice is provided, the party shall not lead evidence at trial as to the experiments except with leave of the Court.
Justice Scott to FCA
Justice André F.J. Scott has been elevated to the Federal Court of Appeal on Friday to replace Justice Noël. He has been a judge of the Federal Court since 2010. Appointments were also made to the Ontario and Newfoundland courts.
Biologics
In a decision issued today, Justice Hughes considered the breadth of the claims in the first [see update below] biologic patent infringement trial decision of the Federal Court. The patent at issue was found valid and infringed.
Justice Evans
Justice Evans is retiring from the Federal Court of Appeal at the end of the year. He has been a member of the Federal Court of Appeal since 1999 and supernumerary since 2012. He joined the Federal Court in 1998.
Appointments and Retirement
Justice Marc Nadon of the Federal Court of Appeal was appointed to the Supreme Court of Canada yesterday. He was a judge of the Federal Court and Federal Court of Appeal since 1993.
Justice Snider of the Federal Court, who wrote many leading intellectual property decisions, is retiring effective October 12, 2013. Also, earlier this week the government appointed judges to the British Columbia, Manitoba, Nova Scotia, Ontario, PEI and Quebec courts.
Federal Court of Appeal upholds Eurocopter decision
The Federal Court of Appeal has dismissed the appeal and cross-appeal in the Bell Helicopter v. Eurocopter proceeding. The Court included discussion of inventive concept, utility, sound prediction, and punitive damages. Some quotes from the decision:
- “It seems to me that calculations and mathematical modeling are, by their very essence, a prediction of a given utility.”
- “Where a person infringes a patent which it knows to be valid, appropriates the invention as its own, and markets it as its own knowing this to be untrue, punitive damages may be awarded when an accounting for profits or compensatory damages would be inadequate to achieve the objectives of retribution, deterrence and denunciation of such conduct.”
Continue reading Federal Court of Appeal upholds Eurocopter decision
ABB Technology v. Hyundai Heavy Industries
Justice Barnes released the trial decision in ABB Technology AG et al. v. Hyundai Heavy Industries Co., Ltd., 2013 FC 947, a patent infringement action relating to medium voltage gas-insulated switchgear. The two patents at issue were held to be obvious after contentious claim construction. Continue reading ABB Technology v. Hyundai Heavy Industries
Common List of Authorities
The Federal Court and Federal Court of Appeal have issued Notices to the Profession announcing a list of common authorities for patent and trade-mark litigation. Cases on the list are “deemed to be included in the book of authorities” but “if a party intends to refer to one of these authorities, the passage upon which they will rely should be included”. Continue reading Common List of Authorities
Varco v. Pason trial judgment
Justice Phelan held that Varco’s patent was valid and infringement in Varco Canada Limited et al. v. Pason Systems Corp. et al., 2013 FC 750. The patent at issue related to autodriller systems used in the petroleum industry, particularly for directional drilling. The proceeding was not bifurcated and the Court ordered a permanent injunction, delivery up and payment of $52 million as disgorgement of profits.