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Intellectual Property

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Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Tuesday, December 04, 2018 @ 10:49 AM

High resolution and ground truth of intellectual property digitalpatent_sm.jpg

One autumn night in 2014, after driving home through the rain, I pulled into my driveway and stepped out. A black car was parked in the gloom by the curb, its driver waiting for me. With few words, he handed me some documents and I signed my name on a dotted line. He was a process server, and this was my initiation as a fact witness in a U.S. patent infringement trial. ... [read more]

Thursday, November 29, 2018 @ 10:54 AM

Successfully managing complex litigation complex_litigation_sm

On Oct. 18, 2018, Benchmark’s Women in Litigation Conference brought together in-house counsel and practitioners in private practice to share ideas and learn from each other, in a full-day program featuring female leaders. This article is adapted from a presentation that we gave along with Delbie Desharnais (Telus), Deirdre MacLeod (PwC) and Heather Crawford (Fengate Capital Management). ... [read more]

Wednesday, November 28, 2018 @ 8:05 AM

COPYRIGHT - Procedure - Discovery - Protective orders

Appeal by Arkipelago Architecture from a Federal Court judgment affirming a protective order. ... [read more]

Tuesday, November 20, 2018 @ 9:29 AM

Changes and updates to intellectual property law a ‘field day’ for lawyers: expert Pina D’Agostino, IP Osgoode

Big changes may be in store for intellectual property in Canada as the federal government has moved to make significant amendments to patent and trademark rules. The federal government’s recently-announced omnibus budget legislation, Bill C-86, includes a number of proposed changes to intellectual property (IP) and copyright law. ... [read more]

Wednesday, November 14, 2018 @ 8:32 AM

TRADE-MARKS - Infringement - Confusion and deception

Motion by Quality Program Services Inc. (QPS) for summary trial damages for trade-mark infringement. QPS registered the mark “EMPOWER ME” in connection with energy awareness, conservation and efficiency services in British Columbia. ... [read more]

Tuesday, November 13, 2018 @ 9:02 AM

Valuing a privately held corporation: Normalization adjustments business_value_sm

When valuing a privately held business, there are several valuation approaches and techniques which Chartered Business Valuators (CBV) may use to determine a company’s value. One such method used is the income-based approach, which looks at a company’s earnings or cash flows. ... [read more]

Wednesday, November 07, 2018 @ 3:12 PM

‘Massive’ budget implementation bill replete with legal measures of note to bar and clients Jan Borowy

The Trudeau government’s latest jam-packed budget implementation bill (Bill C-86), which is under scrutiny this week at the Commons Finance Committee, includes scores of proposed regulatory measures — many of them unheralded and deserving of lawyers’ attention. ... [read more]

Wednesday, November 07, 2018 @ 11:31 AM

Aggressive pharma litigants sanctioned by massive costs award two men and pigbank

On Oct. 23, 2018, Justice Michael Phelan issued a brief nine-page decision on a motion for costs in Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2018 FC 259, that would hardly be worthy of mention if it had not awarded a whopping $3.48 million in costs to the defendants, who had successfully defended against a patent impeachment action and won their counterclaim for infringement against Hospira Healthcare Corporation and additional parties to the counterclaim (Hospira Parties). ... [read more]

Wednesday, November 07, 2018 @ 8:35 AM

PATENTS - Procedure - Discovery - Protective orders

Appeal by the defendant of a prothonotary’s order that dismissed its motion for a protective order. ... [read more]