Earlier today, the Federal Court heard Voltage Pictures’ motion for third-party discovery of TekSavvy, an Ontario ISP, in the copyright infringement proceeding against unidentified BitTorrent users. The Court granted TekSavvy’s request to adjourn the motion to January 14, 2013 to allow time for more notices to be sent to affected users.
Tag Archives: Federal Court
Federal Court Judges
The Honourable Yvan Roy and The Honourable Cecily Y. Strickland have been appointed to the Federal Court effective today. Justice Roy was a lawyer with the Government of Canada, Privy Council Office, in Ottawa and Justice Strickland was a lawyer with Stewart McKelvey in St. John’s practicing maritime law, environmental law and administrative law.
Eli Lilly Challenges Patent Law
Eli Lilly has filed a “Notice of Intent” to challenge the ‘promise doctrine’ in Canadian patent law through NAFTA. The focus of the statement is on the law of the ‘promise’ of a patent in determining patent validity whether it complies with Canada’s obligations under TRIPs and NAFTA.
Justice Létourneau
Justice Létourneau of the Federal Court of Appeal is retiring and has tendered his resignation effective December 31, 2012.
Federal Court of Appeal on Inventive Concept
In a decision released Friday, the Federal Court of Appeal held that inventive concept is a question of law and application judges should look to determinations of inventive concept made in prior proceedings.
Continue reading Federal Court of Appeal on Inventive Concept
Is the sildenafil patent invalid?
In a decision released today, Justice Zinn held that the Federal Court had jurisdiction to consider Apotex’s impeachment action and motion for summary judgment and declared Pfizer’s patent on Viagra, Canadian Patent No. 2,163,466 invalid.
Rogers, Quebecor, Telus, Bell v. SOCAN
For those interested in the copyright action started yesterday, T-2046-12, the action is a claim for restitution of past copyright tariff payments on ringtones paid by the plaintiffs to SOCAN.
Review of Federal Courts Rules
A subcommittee of the Federal Courts Rules Committee has issued its report on a review of the rules. Some recommendations include revising Rule 3 to focus on resolution rather than ‘determination’, introducing ‘proportionality’ to the Rules, increasing available cost awards and formalizing Practice Notices.
Quantum Judgment
Last week, Justice Snider issued judgment for over $215 million in the Apotex v. Sanofi-Aventis ramipril proceeding under Section 8 of the Patented Medicine (Notice of Compliance) Regulations. After issuing reasons last May, the parties were directed to jointly calculate the quantum and judgment was issued based on this calculation.
Judicial Appointments
The Honourable Michael Manson, a lawyer from Smart & Biggar has been appointed to the Federal Court. Appointments were also made to the Supreme Court of Canada, the Federal Court of Appeal, the Tax Court, and courts in British Columbia, Manitoba, Newfoundland & Labrador, Ontario, Quebec, and Saskatchewan.