After a kickoff at the Diversity Breakfast, CBA IP Day continued with the Federal Court’s Town Hall focused on the imminent overhaul to pharmaceutical litigation in Canada, including two years to trial, focused discovery, changes to costs regime and efficient trial management. Bill C-30, the CETA implementation legislation cleared the senate this afternoon. Continue reading CBA IP Day
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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
NAFTA
As mentioned on Friday, the NAFTA arbitration tribunal in the Eli Lilly ‘promise doctrine’ proceeding has issued a ruling. The public decision is now available confirming that the tribunal decided in favour of Canada on the merits. The decision addresses issues of jurisdiction, liability for judicial measures and Canada’s utility requirements for patents. Continue reading NAFTA
NAFTA
The NAFTA arbitration tribunal in the Eli Lilly ‘promise doctrine’ proceeding has issued a ruling. Reports are that the tribunal has decided in favour of Canada on the merits. Continue reading NAFTA
2016 in Official Marks
Canada has a scheme under the Trade-marks Act, where government authorities can list official marks. In 2016, over 700 prohibited marks were listed in Canada. The top ten filers were Continue reading 2016 in Official Marks
Canadian Trademark Firms in 2016
About 55,390 trademark applications were filed in Canada in 2016. Of these, about 24% were filed in-house or without an agent (up slightly from previous years). Check out my list of the 50 firms/agents that filed the most applications in 2016. Continue reading Canadian Trademark Firms in 2016
Fintech
Combining technology with financial services in the age of mobile, cloud and blockchain gives rise to many potential disruptors and established players trying to increase, protect, license and monetize their intellectual property. I explore some of these ideas in my recent article in Slaw on Protecting FinTech Innovation.
Continue reading Fintech
2016
This email wraps up 2016. Thanks for being a subscriber! Over 350,000 IPPractice emails were sent over the year to over 1500 subscribers, listing 450 new intellectual property proceedings and reporting 180 decisions. I’m looking forward to more developments in 2017. Happy New Year!
Some more stats from the past year are on the website.
Extraterritorial Injunctions
The Supreme Court of Canada will hear arguments in Google Inc. v. Equustek Solutions Inc., et al on Tuesday, December 6th at 9:30, which will be webcast. The proceeding arose as a trademark and trade secret proceeding in which the court granted an injunction against the third party, Google, displaying certain search results globally. Continue reading Extraterritorial Injunctions