Improper Motives: Federal Court Safeguards its Process Against “Copyright Trolls”

The Federal Court granted an order compelling an internet service provider (ISP) to divulge the names and addresses of some 2000 account holders implicated in alleged copyright infringement over peer-to-peer (P2P) networks. This type of order is often associated with “copyright trolls” in other jurisdictions. However, in granting the order, Prothonotary Kevin Aalto attached conditions […]

Sitting This One Out: SCC Refuses to Clarify “Promise of a Patent” Doctrine

Last month, the Supreme Court of Canada (SCC) denied leave to appeal in the case Eli Lilly Canada Inc v Novopharm Ltd, passing on an opportunity to clarify the controversial “promise of the patent” utility requirement for Canadian pharmaceutical patents.

'Osgoode Style' Wins Big at 2013 Harold G. Fox Canadian Intellectual Property Moot

It is my pleasure to return to my editorial duties (sans a 007 title pun) for the IPilogue to bring a first hand account of the fifth annual Harold G. Fox Canadian Intellectual Property Moot. After months of grueling preparation, I am proud to report that the moot, while a resounding success all-around, was particularly […]

Imperial Tobacco v Philip Morris: Product Packaging Alone Creates Consumer Confusion

On June 29, the Federal Court of Appeal allowed in part Imperial Tobacco’s lawsuit against Philip Morris, holding that the appearance of Imperial Tobacco’s packaging was in and of itself a trademark. The full decision may be read here.

Two Years to Trial, Three Years Later

Three years ago, the Federal Court announced a plan to try to schedule trials within two years of the commencement of the proceeding. Since that time, many new patent cases have been commenced and some trials have been scheduled and heard. Has the court met its goals for patent infringement actions? In Canada, most patent […]

Supreme Court of Canada Considers "Broadcasting Undertakings" in ACTRA v. Bell

Daniel Dawalibi is an articling student at McCarthy Tétrault LLP.  The firm acted for the Appellant in this hearing before the Supreme Court of Canada. On January 16, 2011, the Supreme Court heard an appeal in the case of Alliance of Canadian Cinema, Television & Radio Artists, et al. v. Bell Aliant Regional Communications, LP, […]