Tag archives: Federal Court

Guidance on inventor discovery and “invention story” evidence in Canadian patent actions: Federal Court rules in favour of patentee

Photo of Pardeep HeirPhoto of Paul JorgensenPhoto of Kristin WallBy Pardeep Heir, Paul Jorgensen and Kristin Wall on Posted in Intellectual property
In three recent decisions, released in July and August, the Federal Court addressed questions concerning inventors and the “invention story” during Canadian patent litigation. The Court found that: (i) a patentee has no duty to facilitate inventor discovery; (ii) patentee’s counsel can object to questions during an inventor examination; and (iii) a patent challenger must … Continue reading

Higher costs awards coming to the Federal Court, including for pharma regulatory and IP disputes

Photo of Chelsea NimmoPhoto of Paul JorgensenPhoto of Kristin WallBy Chelsea Nimmo, Paul Jorgensen and Kristin Wall on Posted in Damages, Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences
Higher costs awards for Federal Court litigation are on the horizon, with the Canadian government consulting on proposed amendments to the costs structure in the Federal Courts Rules (the Rules). The proposed amendments are intended to increase costs awards by approximately 25%.   The current costs regime Under the Rules, the Federal Courts can fix a … Continue reading

Federal Court Issues Consolidated IP Guidelines

Photo of Caroline HenriePhoto of Kristin WallBy Caroline Henrie and Kristin Wall on Posted in Intellectual property
On May 18, 2021, the Federal Court (FC) issued amended Case and Trial Management Guidelines for Complex Proceedings (the Updated FC Guidelines). As we previously reported, the FC first issued the FC Guidelines to consolidate and address topics in earlier FC Notices to the Profession. Notable amendments: The Updated FC Guidelines include the following notable … Continue reading

Federal Courts update guidance on COVID-19

Photo of Allyson Whyte NowakPhoto of Brian R. DaleyBy Allyson Whyte Nowak and Brian R. Daley on Posted in Uncategorized
The Federal Court of Appeal (FCA) provided updated guidance for resuming hearings starting September 1, 2020 and clarified the effect of the federal Time Limits and Other Periods Act (COVID-19) on timelines for commencing and conducting litigation in the FCA. Both the FCA and the Federal Court confirmed that all Practice Directions, judgments, orders and … Continue reading

Federal Courts begin to phase out the Suspension Period

Photo of Allyson Whyte NowakPhoto of Brian R. DaleyBy Allyson Whyte Nowak and Brian R. Daley on Posted in Uncategorized
On June 11, 2020 the Federal Court (FC) and Federal Court of Appeal (FCA) published updated notices to gradually phase out the Suspension Period, which had previously been extended to June 15, 2020. Federal Court The FC’s June 11, 2020 Practice Direction and Order (Updated Order), amends its previous Practice Directions, which, subject to the … Continue reading

Federal Court comments on the admissibility of ‘but for’ world s. 8 evidence and rejects generic pipefill claim

Photo of Allyson Whyte NowakPhoto of Pharma in Brief teamBy Allyson Whyte Nowak and Pharma in Brief team on Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences
Case:  Eli Lilly Canada Inc et al v Teva Canada Limited, 2017 FC 88 Drug:  ZYPREXA® (olanzapine) Nature of case: Action pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations) Successful party: Teva Canada Limited Date: April 4, 2017 (public reasons) Summary The Federal Court established the parameters to … Continue reading
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