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HTMLConstellation Brands Inc., et al. v. Domaines Pinnacle Inc. (SCC #37424)
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2017, previously published on February 8, 2017
Constellation Brands Inc has filed an application for leave to appeal from 2016 FCA 302 (our summary here), which is an appeal from 2015 FC 1083 (our summary here). The Federal Court of Appeal restored a decision of the Register of Trademarks (2013 TMOB 153) that held that an application for a word...

 

HTMLThink Before You Settle: Protegrity Teaches Timing is Important When Negotiating Settlement Agreements
Sahir Surmeli; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 24, 2017, previously published on December 16, 2016
Settling during your appeal of an unfavorable district court judgement may leave you stuck with the lower court’s original ruling, as suggested in the recent district court ruling in Protegrity USA, Inc., et al. v. Netskope, Inc., Case No. 15-cv-02515-YGR (N.D. Cal. Sept. 13, 2016).

 

HTMLFactual Question on Non-Infringing Alternatives Remitted to Federal Court
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2017, previously published on February 8, 2017
Canadian Patent 1,341,196 (196 Patent), owned by ADIR, was found to be valid and infringed. This decision was affirmed by the Court of Appeal. Servier, the distributor in Canada, was permitted to elect between an accounting of Apotex's profits, or Servier's damages as a result of Apotex's...

 

HTMLInducement to Induce Infringement Allegation Not Struck from Pleading
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2017, previously published on February 8, 2017
The Defendant, Selex, brought a motion to strike parts of the Statement of Claim. The motion was granted in part.

 

HTMLClassCo, Inc. v. Apple, Inc.: A Reminder Of Obviousness Analysis Under KSR
Kristina R. Cary, Anthony E. Faillaci, Brad Michael Scheller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 24, 2017, previously published on January 6, 2017
In ClassCo, Inc. v. Apple, Inc. the Federal Circuit upheld a decision from the Patent Trial and Appeal Board (“the Board”), which invalidated several claims of ClassCo’s US Patent No. 6,970,695 (“the ’695 patent”) that discussed caller ID technology that would...

 

HTMLNon-Infringing Alternative not Found Where Manual Alternative Still Used in the Industry and the Invention Creates a Significant Improvement Over the Alternative
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2017, previously published on February 8, 2017
This decision concerned the validity and/or infringement of a number of claims of the '567 Patent, which discloses an apparatus and method for delivery of fuel to equipment or fuel tanks at well sites. Prior to 2010, the refueling of fracturing equipment was done by a worker pulling fuel-laden...

 

HTMLSupreme Court Declines to Revisit Broad Personal Jurisdiction Over ANDA Filers
Joseph D. Rutkowski, Adam P. Samansky; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 24, 2017, previously published on January 12, 2017
On Monday, January 9, 2017, the U.S. Supreme Court denied, without comment, Mylan Pharmaceuticals’ petition for certiorari to reverse an opinion by the Court of Appeals for the Federal Circuit, which affirmed a broad scope of personal jurisdiction over generic ANDA filers in patent...

 

HTMLJudicial Review of the Copyright Board's Decision Granted in Part
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2017, previously published on February 8, 2017
The Canadian Copyright Licensing Agency, operating as Access Copyright, sought judicial review of a decision of the Copyright Board, certifying the royalty rates to be collected by Access for the reproduction of works in its repertoire by elementary and secondary educational institutions (K-12...

 

HTMLCourt Dismisses Alexion's Appeals from Three Separate Orders
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 22, 2017, previously published on February 1, 2017
The Court dismissed Alexion's appeals concerning three separate Orders. The first appeal concerned Prothonotary Aalto's Order allowing the Respondent's motion to strike Alexion's constitutional challenge to the price regulation scheme found in sections 83-86 of the Patent Act. The Court agreed with...

 

HTMLDecision on Passing Off and the Use of Internet Keywords is Reversed on Appeal
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 22, 2017, previously published on February 1, 2017
The B.C. Court of Appeal has overturned a lower court decision that had dismissed a trademark passing off claim against the Defendant Vancouver Career College brought by the Plaintiff Vancouver Community College.

 


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