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Intellectual Property


Thursday, May 24, 2018 @ 8:28 AM

Post-grant patent validity challenges in Canada menpushingblocks

Most jurisdictions provide at least some procedures for challenging the validity of a granted patent. Sometimes the process for challenging validity is conducted before a patent office, and sometimes the process is conducted in court before a judge. ... [read more]

Thursday, May 17, 2018 @ 8:44 AM

Practical advice on working with a damages expert business_valuation_sm

In commercial civil disputes, it is common to call upon expert witnesses to quantify damages or to value business enterprises that are alleged to have suffered following some failure on the part of a defendant. Interfacing with expert witnesses — giving them instructions, providing to them evidence — can be tricky. ... [read more]

Tuesday, May 15, 2018 @ 11:02 AM

Defining a cannabis industry niche through branding cannabis_branding_sm

As summarized in April’s article, Canada is moving away from prohibition and toward regulation of adult use cannabis for mitigating social and economic harms associated with cannabis. Regulation beyond the Access to Cannabis for Medical Purposes Regulations (“ACMPR”) will build on the inertia, success and good practices of Canada’s regulated medical cannabis market. The ACMPR provide a strong foundation, particularly for cultivation and processing. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Thursday, May 10, 2018 @ 1:10 PM

New prothonotary for the Federal Court

Alexandra Steele, a lawyer with the Montreal-based intellectual property law firm ROBIC LLP, has been appointed a prothonotary of the Federal Court. ... [read more]

Friday, May 04, 2018 @ 1:44 PM

Accounting of profits offers significant benefits to patent owners ideamachine

Recent cases have spotlighted a tremendous advantage to litigating IP rights in Canada. ... [read more]

Friday, April 27, 2018 @ 11:58 AM

Lawyer sees benefits, drawbacks to Canada’s new strategy on intellectual property Antonio_Turco_sm

Canada’s new Intellectual Property Strategy will mean speedier justice at the Federal Court and better advice from IP legal clinics, but falls short in helping innovators in remote areas and victims of “patent trolls,” says a lawyer. ... [read more]

Thursday, April 26, 2018 @ 10:37 AM

How courts apply ‘no property in a witness’ principle to expert testimonies expertwitness

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action. ... [read more]

Thursday, April 26, 2018 @ 9:47 AM

World Intellectual Property Day to focus on contributions of women

This year, the contributions of women are the focus of World Intellectual Property Day. ... [read more]

Monday, April 23, 2018 @ 2:46 PM

Federal Court of Appeal upholds ruling in patent application case Jenna Wilson sm

The Federal Court of Appeal’s dismissal of an appeal brought by Bayer Cropscience over a patent application date highlights how entrenched the public interest is in the patent regime, according to an intellectual property (IP) lawyer. ... [read more]