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.
Tag Archives: Federal Court
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.
Proposed Federal Courts Rules Amendments
Proposed amendments to the Federal Courts Rules have been published in the Canada Gazette. The amendments are described as “miscellaneous amendments” and include additional time for notices of motion, changes in scheduling of general sittings, and allowing respondents to support an application.
Judicial Appointments
Justice Catherine M. Kane has been appointed a judge of the Federal Court effective immediately replacing Justice Simpson who elected to become a supernumerary judge. Justice Kane was a lawyer with the Department of Justice Canada in Ottawa practicing in the area of criminal law.
Federal Court Hearing List Updated
Those subscribers receiving updates of new trials/hearings will notice a number of new trials and hearings in today’s email. The Federal Court and Federal Court of Appeal have updated their online hearing lists for the first time in several weeks.
New Federal Court Judge
Trademark Infringement Application
The decision of Justice Near in BBM Canada v. Research In Motion Limited was released yesterday. The proceeding against RIM for trademark infringement and depreciation of BBM Canada’s registered marks was brought by way of application rather than by way of action. The Court dismissed the proceeding and awarded costs in favour of RIM. Continue reading Trademark Infringement Application