Smart & Biggar

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1100-150 York Street
Toronto, ON M5H 3S5, United States
Phone: 416.593.5514
Fax: 416.591.1690
Areas of Practice
  • Agriculture
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
Locations
Other Countries
  • Canada
Number of Attorneys
50-100 Attorneys

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit from…more
 /  Art, Entertainment, & Sports Law, Civil Remedies, Construction Law, Intellectual Property

AstraZeneca succeeds in omeprazole patent infringement profits case

The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in…more
 /  Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Publication of Final Regulations on Patent Linkage and Term Restoration

On September 7, 2017, the Government of Canada published final pharmaceutical regulations flowing from CETA. According to an Order in Council, the new regulations will be in force on September 21, 2017…more
 /  Administrative Law, Health, Intellectual Property, Science, Computers, & Technology

Rx IP Update - August 2017

Gilead prevails in SOVALDI appeal - The Federal Court of Appeal recently affirmed a trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). In the trial decision, as previously reported, the Court…more
 /  Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Gilead prevails in SOVALDI appeal

The Federal Court of Appeal recently affirmed a trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). In the trial decision, as previously reported, the Court declared Idenix’s Patent No. 2,490,191…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Proposed amendments to the Canadian Patent Rules published for public consultation

The Government of Canada has opened a public consultation on proposed amendments to the Canadian Patent Rules, running from August 1 to September 8, 2017. The changes relate principally to pending amendments to the Patent Act…more
 /  Administrative Law, Intellectual Property, International Law & Trade

Down, but not out – initial adverse decision not a bar to future recovery of .ca domain name

A pair of recent decisions under the Canadian Internet Registration Authority (“CIRA”) Domain Name Dispute Resolution Policy (“CDRP”) demonstrate that a trademark owner who fails to obtain a domain name transfer at a first panel…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Communications & Media Law, Science, Computers, & Technology

Rx IP Update - July 2017

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM…more
 /  Civil Procedure, Consumer Protection, Health, Intellectual Property, Science, Computers, & Technology

CETA Draft Regulations Published on Patent Linkage and Term Restoration – 15 Day Public Comment Period

The government has published the long anticipated draft regulations regarding: - changes to the Patented Medicines (Notice of Compliance) Regulations [“PMNOC Regulations”], and - proposed Regulations to implement…more
 /  Elections & Politics, Intellectual Property, Science, Computers, & Technology

Dow obtains largest Canadian patent infringement award in history

The Federal Court has issued its Further Judgment and Reasons (2017 FC 637) concerning the amount of financial compensation to be paid to the Dow Chemical Company as a result of earlier patent infringement and validity…more
 /  Civil Remedies, Intellectual Property, Science, Computers, & Technology

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful

The Supreme Court of Canada today delivered an important and highly anticipated decision, AstraZeneca Canada Inc v Apotex Inc (2017 SCC 36), by rejecting the “promise doctrine” and clarifying the requirement for patent “utility”…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Supreme Court of Canada states “The Internet has no borders” in upholding global injunction in search results case

The Supreme Court of Canada issued its decision in Google v. Equustek, 2017 SCC 34, today, upholding an injunction requiring a non-party to an infringement action, Google, to remove links to infringing websites from its global…more
 /  Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade

Rx IP Update - June 2017

Supreme Court of Canada News - SCC denies Apotex leave to appeal omeprazole infringement decision. On June 1, 2017, the Supreme Court dismissed Apotex’s application for leave to appeal (docket no. 37478) the Federal Court of…more
 /  Civil Procedure, Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations…more
 /  Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Captain Morgan makes Admiral Nelson’s walk the plank

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court…more
 /  Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade
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