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
Tag Archives: Federal Court
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.
Dovden Investments Impeachment Action
For those following the patent infringement actions started by Dovden Investments Ltd. over the last couple of years, an impeachment action was started yesterday by the Canadian Urban Transit Association (PDF). Dovden Investments has started approximately one third of all patent infringement actions in Canada during the past year.
Prothonotaries
The Federal Court has advertised for people interested in being selected as a Prothonotary. In other Prothonotary news, the Special Advisor to the Minister of Justice released his report last week containing recommendations for Prothonotary compensation.
Enforcement Provisions
The Federal Court has posted a discussion paper on proposed changes to the Federal Courts Rules regarding enforcement provisions, including issuing writs, garnishments and enforcement of domestic arbitral awards. The Rules Committee invites comments from counsel who use these rules.
Judicial Retirement
Justice Yvon Pinard of the Federal Court is retiring effective July 1, 2013. Justice Pinard has been with the Federal Court since 1984 and has been a supernumerary judge since 2005.
Website Outages
Both the Federal Court and CIPO websites have scheduled outages this weekend. The Federal Court and Federal Court of Appeal announced that their website, email and e-filing will be unavailable from Friday night to Sunday morning. CIPO’s deposit accounts and some e-commerce services will be unavailable from Friday afternoon to Monday morning.
Judicial Appointments
The Honourable Glennys L. McVeigh was appointed today to the Federal Court. She was a senior counsel with the Public Prosecution Service of Canada in Saskatoon. Judicial appointments were also made today in Ontario and Quebec.
Access Copyright and Fair Dealing
Today’s litigation started against York University listed below is apparently one part of three measures started today by Access Copyright: a) the litigation in the Federal Court challenging York University’s fair dealing guidelines; b) an application with the Copyright Board for an interim elementary and secondary school education tariff; and c) a proposed post‐secondary tariff also filed with the Copyright Board for 2014-2017.
Federal Court Prothonotary Compensation
Earlier this year, the Honourable J. Douglas Cunningham, Q.C., was named the special advisor on Federal Court Prothonotaries’ Compensation to complete a report by the end of May 2013. He is inviting comments from the public until April 19, 2013 and public hearings are scheduled for May 1 and 2, 2013.