Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more
9/11/2024
/ Breach of Confidence ,
Canada ,
Confidential Information ,
Confidentiality Agreements ,
Disclosure Requirements ,
Intellectual Property Protection ,
Inventions ,
Non-Disclosure Agreement ,
Patent Applications ,
Patents ,
Trade Secrets
A cease-and-desist (C&D) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. The steps you take after receiving a C&D letter can...more
In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff, Flatwork Technologies, LLC (Flatwork), in respect of its patent impeachment...more
1/14/2021
/ Affidavits ,
Appeals ,
Cross Examination ,
Expert Witness ,
Motion for Summary Judgment ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
Summary Judgment
In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, Fluid Energy...more
5/9/2020
/ Canada ,
Cease and Desist ,
Demand Letter ,
False Statements ,
Injunctive Relief ,
Misleading Statements ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pre-Trial Motions ,
Trade Marks Act
In Sikes et al. v Encana Corporation et al. (Court File No. T-1345-13), the Federal Court recently issued an Order dismissing the Action for delay following a status review under section 382.1 of the Federal Courts Rules,...more
The Federal Court has now released the first decision in which the scope of Section 53.1 of the Canadian Patent Act—the so-called “file wrapper estoppel” provision—has been considered. We recently published an IP Update...more
10/1/2019
/ Admissible Evidence ,
Canada ,
Claim Construction ,
File Wrapper Estoppel ,
Foreign Patent Applications ,
Motion for Summary Judgment ,
New Rules ,
Noninfringement ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution History ,
Patents ,
Right To Appeal
The Canadian Patent Act was amended last year to include a new provision which allows prosecution histories into evidence in patent proceedings to rebut representations made by the patentee regarding claims...more
9/28/2019
/ Admissible Evidence ,
Canada ,
Claim Construction ,
Extrinsic Evidence ,
File Wrapper Estoppel ,
New Rules ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution History ,
Patents ,
Prior Art ,
Rebuttable Presumptions ,
Scope of the Claim ,
Supreme Court of Canada ,
USPTO
A recent decision of the Federal Court of Appeal sheds light on a streamlined litigation procedure that brand owners may find attractive. In Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215...more
12/12/2017
/ Appeals ,
Canada ,
Corporate Branding ,
Damages ,
Discovery ,
Likelihood of Confusion ,
Passing Off ,
Permanent Injunctions ,
Reversal ,
Trademark Infringement ,
Trademarks