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Intellectual Property

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Thursday, February 11, 2021 @ 11:24 AM

What full cost accounting means in Nova v. Dow Three different sized stacks of coins

The Federal Court of Appeal decision in Nova Chemicals Corp. v. Dow Chemicals Co. [2020] F.C.J. No. 928 released on Sept. 15, has garnered a lot of attention and created much discussion in the intellectual property space. One of the primary reasons for this is because the decision deviated from past cases regarding the appropriate costs to be deducted from an infringer’s revenues under an accounting of profits remedy. ... [read more]

Wednesday, February 10, 2021 @ 8:29 AM

Penny-wise, pound-foolishness in arbitration Man falling off caution sign

Writing for the B.C. Court of Appeal in Nolin v. Ramirez 2020 BCCA 274, Justice Elizabeth Bennett, with the concurrence of Justices Mary Saunders and David Harris, observed at the outset that: ... [read more]

Tuesday, February 09, 2021 @ 1:30 PM

The Coach: Small firm succession planning part two | Gary Mitchell

In part one of this column, I covered the first three steps to succession planning: deciding on your timeline for retirement, increasing the value of your practice or firm, and branding/setting up a new legal entity. ... [read more]

Tuesday, February 09, 2021 @ 8:43 AM

SCC in Wastech offers hope for Vavilov reprieve in arbitration Lit candle

When the decision of the Supreme Court in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 was released, the commercial arbitration community collectively drew its breath. The Vavilov decision made no reference to previous decisions of the court which had set a high-water mark for deference to decisions of commercial arbitrators: Sattva Capital Corp. v. Creston Moly Corp. 2014 SCC 53, and Teal Cedar Products Ltd. v. British Columbia 2017 SCC 32. However, the silence was ominous, particularly since at least one intervener in the Vavilov appeal had exhorted the court to make it clear that its decision in that case (whatever it may be) would have no application to commercial arbitration. ... [read more]

Tuesday, February 09, 2021 @ 8:10 AM

Defending yourself against Zoombombers Distraught woman at computer screen

Videoconferencing and collaboration software such as Zoom, Microsoft Teams, GoToMeeting, JoinMe and others has probably been the single biggest factor in allowing work (mainly white-collar work) to keep going during the COVID-19 pandemic. ... [read more]

Monday, February 08, 2021 @ 1:47 PM

Carefully consider evidence to be filed with Trademark Opposition Board Question marks under a magnifying glass

It can be difficult to determine what evidence to file to support an opposition. At an early stage the issues may be difficult to isolate but the statutory framework is in the process of changing and this adds an additional consideration. ... [read more]

Thursday, February 04, 2021 @ 2:10 PM

Appeal court leaves door open on use of foreign prosecution histories in Canadian patent cases Jenna Wilson, Wilson Lue

Legal experts are saying questions remain on the interpretation of amendments passed in 2018 to Canada’s patent legislation after the Federal Court of Appeal left the door open to the idea that foreign prosecution histories could be used when interpreting a patent. ... [read more]

Thursday, February 04, 2021 @ 11:28 AM

Trademark registration defence to damages even if later expunged Assorted luggage

On Dec. 9, 2020, the Federal Court of Appeal in Group III International Ltd v. Travelway Group International Ltd. 2020 FCA 210, held that a trademark registration is a defence to damages during the period that it is registered, even if it is later invalidated. ... [read more]

Thursday, February 04, 2021 @ 9:49 AM

Decision sets ‘important precedent’ on federal powers over patented products, lawyer says Miriam Clouthier, a Montreal lawyer with IMK LLP

Seven pharmaceutical companies, along with a string of intellectual property organizations and patients’ groups acting as interveners, which challenged the constitutionality of new regulations intended to lower patented drug prices were rebuffed after the Quebec Superior Court found that price control of patented drugs falls within the scope of the federal government’s powers over patents. ... [read more]

Wednesday, February 03, 2021 @ 3:08 PM

New IP partner for Gilbert’s

Gilbert’s LLP welcomed Paul Banwatt as the newest member of its partnership. ... [read more]