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Forum: Patents & Trademarks

  1. Post FC Finds Anticipated Formulation Patent Non-Obvious Since Same Prior Art Would Teach

    In Merck & Co. Inc. v. Pharmascience Inc. (2010 FC 510), the Federal Court (FC) dismissed Merck & Co. Inc.'s (Merck) application to prohibit the...

    Posted By globalipwatch
    • Replies: 0
    • Views: 1
    07-23-2010 06:00 PM Go to last post
  2. Post FC interprets desired result claim language as unfulfilled promise in invalidating fo

    In Sanofi-Aventis Canada Inc. v. Ratiopharm Inc. (2010 FC 230), the Federal Court ("FC") denied Sanofi-Aventis Canada's (Sanofi) application to...

    Posted By globalipwatch
    • Replies: 0
    • Views: 4
    07-23-2010 06:00 PM Go to last post
  3. Post NOC Prohibition Application for which appeals had not been exhausted was ?pending?, a

    In Apotex Inc. v. Merck & Co., Inc (2010 FC 287), the Federal Court of Canada (FC) held that Apotex is entitled to obtain compensation from Merck for...

    Posted By globalipwatch
    • Replies: 0
    • Views: 1
    06-28-2010 04:15 PM Go to last post
  4. Post FC Holds Ice Skate Designer Infringed by inducement and procurement through Manufactu

    In Bauer Hockey Corp. v. Easton Sports Canada Inc. (2010 FC 361), the Federal Court ("FC") held Easton Sports Canada Inc. (Easton) infringed, and...

    Posted By globalipwatch
    • Replies: 0
    • Views: 1
    06-28-2010 04:15 PM Go to last post
  5. Post FC Finds ornamental mark embossed on bathroom tissue hidden by packaging not S.4 ?use

    In Scott Paper v. Georgia-Pacific Consumer Products LP (2010 FC 478), the Federal Court of Canada (FC) set aside a decision from the Trade-Marks...

    Posted By globalipwatch
    • Replies: 0
    • Views: 1
    06-28-2010 04:15 PM Go to last post
  6. Post Canadian FCA Holds Patent Litigation Outcome Not Retroactive Basis for S8 PMNOCR Dama

    In Apotex Inc. v. Syntex Pharmaceuticals International Inc. (2010 FCA 155), the Federal Court of Appeal ("FCA") affirmed the Federal Court's (FC)...

    Posted By globalipwatch
    • Replies: 0
    • Views: 7
    06-28-2010 04:15 PM Go to last post
  7. Post FC Upholds Striped Toothpaste Design Mark, Rejecting Non-Distinctiveness and Function

    In Procter & Gamble Inc. v. Colgate-Palmolve Canada Inc. (2010 FC 231), the Federal Court of Canada (FC) upheld a decision of the Trade-marks...

    Posted By globalipwatch
    • Replies: 0
    • Views: 8
    06-04-2010 01:19 PM Go to last post
  8. Post Federal Court Finds Sudden, Unexpected Changes in Ownership Excuse Non-use Under S45

    In Cobalt Brands LLC v. Gowling Lafleur Henderson LLP (2010 FC 260), Cobalt Brands LLC (“Cobalt”) appealed the Registrar of Trade-Marks’...

    Posted By globalipwatch
    • Replies: 0
    • Views: 7
    05-09-2010 07:25 PM Go to last post
  9. Post Federal Court Holds s50(1) Satisfied Where Registrant Maintains Control Through Chain

    In Tucumcari Aero, Inc. v. Cassels, Brock & Blackwell LLP (2010 FC 267), Tucumcari Aero, Inc. (“Tucumcari”) appeals the Registrar of Trademarks’...

    Posted By globalipwatch
    • Replies: 0
    • Views: 13
    04-17-2010 11:10 PM Go to last post
  10. Post FC Declines to Apply Official Mark Prohibitions to Traditional Chinese Medicine Desig

    In College of Traditional Chinese Medical Practitioners and Acupuncturists of British Columbia v. Council of Natural Medicine College of Canada (2009...

    Posted By globalipwatch
    • Replies: 0
    • Views: 25
    04-08-2010 09:53 PM Go to last post
  11. Post FCA confirms narrow interpretation of s.20(1) trade secret and confidentiality disclo

    In Canada (Minister of Health) v. Merck Frosst Canada Ltd. (2009 FCA 166), the Federal Court of Appeal (“FCA”) reversed the Federal Court (“FC”) and...

    Posted By globalipwatch
    • Replies: 0
    • Views: 23
    03-26-2010 10:59 AM Go to last post
  12. Post Canadian FC Affirms Deemed Abandonment, Despite Payment of Fees, Due to Failure to Up

    In Unicrop Ltd. v. Canada (Attorney General) (2010 FC 61), the Federal Court (FC) upheld the Commissioner of Patents’ decision finding Canadian...

    Posted By globalipwatch
    • Replies: 0
    • Views: 15
    02-19-2010 07:00 PM Go to last post
  13. Post FC Accepts Evidence that Extraterritorial Website Was Accessible from Canada for Purp

    In Curb v. Smart & Biggar, the applicant — a well known American record producer — successfully petitioned the Federal Court to set aside the...

    Posted By globalipwatch
    • Replies: 0
    • Views: 23
    02-19-2010 07:00 PM Go to last post
  14. Post FC holds failure to identify adverse prior art in disclosed reference violates duty o

    In Lundbeck Canada v. Minister of Health, 2009 FC 1102, the Federal Court of Canada (FC) dismissed Lundbeck’s prohibition application against...

    Posted By globalipwatch
    • Replies: 0
    • Views: 14
    02-01-2010 10:32 PM Go to last post
  15. Post FC Rules TM Applications Not to Be Dissected by Sound, Confirms Patients Perspective

    In NPS Pharmaceuticals v. Biofarma (2009 FC 172), the Federal Court upheld the Trade-marks Opposition Board’s (“the Board”) decision to dismiss NPS...

    Posted By globalipwatch
    • Replies: 0
    • Views: 25
    02-01-2010 10:32 PM Go to last post
  16. Post FC Finds New Invoices Correlating Wares to Previously Meaningless Product Codes Demon

    In Loro Piana S.P.A. v. Canadian Council of Professional Engineers (2009 FC 1096), the Federal Court reversed a Hearing Officer’s decision to delete...

    Posted By globalipwatch
    • Replies: 0
    • Views: 20
    01-12-2010 03:19 PM Go to last post
  17. Post FC Finds New Invoices Correlating Wares to Previously Meaningless Product Codes Demon

    In Loro Piana S.P.A. v. Canadian Council of Professional Engineers (2009 FC 1095), the Federal Court reversed a Hearing Officer’s decision to delete...

    Posted By globalipwatch
    • Replies: 0
    • Views: 17
    01-12-2010 03:19 PM Go to last post
  18. Post FC Finds trade-mark nonuse while waiting for unrelated legal dispute Not a ?Special C

    In Jose Cuervo S.A. de C.V. v. Bacardi & Company Ltd. (2009 FC 1166), the Federal Court dismissed an appeal of the expungement of trade-mark Reg. No....

    Posted By globalipwatch
    • Replies: 0
    • Views: 27
    12-23-2009 05:44 AM Go to last post
  19. Post FCA Confirms Present Time Frame Perspective for Confusion Analysis in Expungement Pro

    In Masterpiece Inc. v. Alavida Lifestyles Inc. (2009 FCA 290), the Federal Court of Appeal dismissed an appeal from the Federal Court (2008 FC 1412)...

    Posted By globalipwatch
    • Replies: 0
    • Views: 22
    12-16-2009 10:30 PM Go to last post
  20. Post FC Declines to Dismiss Issued Application for Prohibition After the Issuance of a NOC

    In Pfizer Canada Inc. v. Canada (Health) (2009 FC 1165), the Federal Court (FC) dismissed Ratiopharm’s motion to set aside the Federal Court of...

    Posted By globalipwatch
    • Replies: 0
    • Views: 14
    12-16-2009 10:30 PM Go to last post

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