Intellectual Property Intellectual Property

Major U.S. court decisions change patent landscape for Canadian companies

A pair of recent U.S. Supreme Court decisions in patent cases have the potential to alter the risk landscape for cross-border commercialization.

Supreme Court holds that promises are not the yardstick to measure patent utility in Canada

The Supreme Court of Canada issued its highly anticipated reasons in AstraZeneca v Apotex 2017 SCC 36. The Supreme Court rejected the “promise...

Supreme Court of Canada upholds global search engine de-indexing decision: Five implications for internet intermediaries

On June 27, 2017, the Supreme Court of Canada upheld an injunction that requires Google to remove an entire website from its global search index, in...

Supreme Court of Canada lends an enforcement hand to intellectual property right owners

In Google Inc v Equustek Solutions Inc, 2017 SCC 34 (June 28, 2017) (Equustek), the Supreme Court held that Canadian courts have discretion to issue...

Federal Court of Appeal provides much-needed clarity on the “obvious to try” test and meaning of “inventive concept”

The Federal Court of Appeal has provided clarity and guidance on two critical points in Canadian patent law: the meaning of “inventive concept”...

Canada’s NAFTA arbitration victory is a win for sovereignty and fair trade

President Trump beat up on NAFTA to secure votes in the US election. Now that he is President, he has put the trade agreement on the chopping block,...

Federal Court ruling exposes difficulty of reversing Health Canada scientific decisions

On February 1, 2017, the Federal Court of Canada upheld Health Canada’s denial of approval of a generic hormone replacement product (progesterone)...

Industrial design protection becomes more animated and colourful in Canada

The CIPO has announced six new office practices aimed at improving service to stakeholders, applicants and practitioners alike by aligning Canadian...

First-ever judgment on Canadian information technology patent signals caution for owners of broad patents

In January 2017, the Federal Court found in MediaTube v Bell that Bell’s IPTV does not infringe a Canadian patent, signalling to information...

Federal Court of Appeal simplifies the standard of review of prothonotary decisions

A five-judge panel of the Federal Court of Appeal has abandoned the so-called Aqua-Gem standard of review of the discretionary decisions of...