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Patent Infringement Canada Intellectual Property Litigation

Parker Poe Adams & Bernstein LLP

Honeywell Strikes Back Against 'Patent Troll' With North Carolina Lawsuit Under Abusive Patent Assertions Act

Honeywell International Inc. has taken a proactive stance against what it describes as "unwarranted and unfounded" patent litigation by filing a declaratory judgment action in the Western District of North Carolina against...more

Smart & Biggar

Alexion awarded injunction against Amgen in SOLIRIS patent action; Court considers anticipation by incorporation by reference

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The Federal Court has granted Alexion a declaration of infringement and an injunction preventing Amgen from manufacturing, using, and selling its proposed biosimilar eculizumab product, BEKEMV, in Canada until the expiration...more

Smart & Biggar

SCC to revisit “method of medical treatment” patent claims

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This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to “methods of medical treatment”....more

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Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined...

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On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendant’s Canadian Patent No 3,003,502 (502...more

Blake, Cassels & Graydon LLP

Un jugement clarifie les délais de prescription applicables aux réclamations pour contrefaçon de brevet en Alberta

Le 28 janvier 2025, une rare formation de cinq juges de la Cour d’appel de l’Alberta (l’« ABCA ») a rendu un jugement unanime et très attendu dans l’affaire JL Energy Transportation Inc. v. Alliance Pipeline Limited...more

Smart & Biggar

Canadian IP litigation 2024: a year in review

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In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity...more

Blake, Cassels & Graydon LLP

Limitations for Patent Infringement Claims: Alberta Law Clarified by Rare Five-Member Appellate Panel

On January 28, 2025, a rare five-member panel of the Alberta Court of Appeal (ABCA) issued its unanimous and much-anticipated decision in JL Energy Transportation Inc. v. Alliance Pipeline Limited Partnership (Decision). The...more

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Costs awards in Canadian IP proceedings – update and future directions

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Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay...more

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[Webinar] Canadian patent law 2024: a year in review - February 11th, 12:00 pm - 1:00 pm ET

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2024 was an active year in Canadian patent law. Canadian courts issued several decisions on the merits regarding invalidity and/or infringement, and considered due care in the context of paying maintenance fees, regulatory...more

Bennett Jones LLP

A Landmark Summer for Design Patent Law

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The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the U.S. Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of...more

Smart & Biggar

Steps to consider before sending a cease-and-desist letter

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The intellectual property (IP) of your business has value. IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential...more

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Canadian IP Litigation 2023: Year in Review

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The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more

Bennett Jones LLP

Artificial Intelligence Patenting: Top Challenges and Key Considerations

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In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications....more

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Supreme Court of Canada Leave Applications - May 2020

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UPDATE: UPDATE: On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) (see article here). Pfizer seeks leave in pregabalin section 8 case As previously...more

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Rx IP Update - 2018 Mid-Year Highlights in Canadian Life Sciences IP

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In this special mid-year edition, we take a look at the major highlights in Canadian life sciences and intellectual property law that we have reported on over the last six months, starting with one of the most closely-watched...more

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Top 10 Highlights of Canadian IP Law and Practice in 2017

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2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

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