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The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost...
2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented...
Kirsten Crain's busy practice covers cases ranging from the Lac-Mégantic train accident to breach of contract
Canmar 5 was a trend for a day or here to stay. This year, the Federal Court has seen increased attempts by litigants to resolve matters more expeditiously by way of dispositive motions. Summary judgment was granted in three cases 6 and two motions for default judgment were brought but dismissed based on insufficient evidence. ViiV Healthcare Company v. Gilead Sciences Canada, 8 the Court held that completion of discoveries is not a precondition to summary trial such that resolution may be sought at very early stages of the proceeding. We saw the Federal Court grant summary disposition to ...
Insights your username December 20, 2020 Law Street Media’s November 29 article examining patent litigation analytics focused on the district court system, just one part of a complex system of patent litigation. This article examines a similar premise; a deep dive into the companies that have had their patents challenged the most in recent years before the Patent Trial and Appeal Board, using Docket Alarm’s cutting-edge PTAB analytics. As 2020 comes to a close, it is apparent that total filings at PTAB have remained steady despite the COVID-19 pandemic. The number of inter partes revi...