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Canada Intellectual Property Litigation

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

Artificial intelligence (AI) advocacy in the Federal Court

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In April 2023, a curious law professor and lawyer submitted his “Introductory Civil Procedure” exam to ChatGPT, an AI chatbot, to see how it would score. The results were surprising: ChatGPT outperformed over 70% of his...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Bennett Jones LLP

Did you plead that? On a Bifurcation Motion, Federal Court in Amazon.com Clarifies that Alleged Complexity

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In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified...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

Smart & Biggar

BYOOVIZ is confusing with BEOVU: Federal Court finds violation of Novartis’ trademark rights

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In a decision dated January 24, 2024, Justice Pallotta allowed Novartis’ application, finding that Biogen and Samsung’s use of the trademark BYOOVIZ in association with an ophthalmologic drug violates Novartis’ rights in its...more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

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Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Smart & Biggar

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

Kilpatrick

4 Key Takeaways | Major U.S. Supreme Court Trademark & Copyright Decisions

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Kilpatrick partner Ted Davis spoke recently at the annual meeting of the Intellectual Property Institute of Canada concerning recent trademark decisions of the Supreme Court of the United States....more

Smart & Biggar

[Ongoing Program] Contentious trademark proceedings: What brand owners should know about defending and enforcing their rights in...

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This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...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

International Lawyers Network

Understanding Privilege: Is Your Canadian Patent Agent Also A Lawyer?

In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society. The College of Patent...more

International Lawyers Network

Reverse Class Actions in Canada: A New Form of IP Litigation

On September 8, 2021, the Federal Court of Appeal (FCA) in Canada released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 which considered whether a reverse class action, a term used colloquially to describe...more

International Lawyers Network

Protecting Confidential Information in Canada: Is there a Better Way?

The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more

Smart & Biggar

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

Smart & Biggar

Rx IP Update - March 2019

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Federal Court finds invalidity allegations relating to patent for metformin formulations not justified - On March 8, 2019, Justice Fothergill granted Valeant Canada’s application for an order prohibiting the Minister of...more

Smart & Biggar

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

Smart & Biggar

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

Bennett Jones LLP

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

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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

Dorsey & Whitney LLP

What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum

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Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more

WilmerHale

IP World Tour: Snapshots of Overseas IP Protection

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No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

Blake, Cassels & Graydon LLP

Still Can’t Search This: B.C. Court of Appeal Affirms Global Restraining Order Against Google

In 2014, the B.C. Supreme Court ordered Google Inc. (Google) and Google Canada Corporation (Google Canada) to remove all of a company’s websites from its search results. As we noted in our June 2014 Blakes Bulletin: Can’t...more

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