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Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights

Equip: IP Litigation Case of the Week - Courts in Canada are presumed to be open and accessible to the public. Although a party’s commercial interests can be protected, a court will not grant a confidentiality order if...more

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting...more

IP Trials with Less Tribulation: New Federal Court Guidelines Promote Cooperation and Efficiency

This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried. The new Trial Management Guidelines formalize trial...more

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