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The Federal Court found the cooling cells were built before the patent expired, infringed claims 1 to 3, and awarded compensatory and punitive damages.
The Federal Court dismissed Farmobile’s appeal from a case management order on cross-examination, holding the questions about earlier redactions were improper and no further cross-examination was required.
The motion to quash the appeal was dismissed and the reply evidence admitted. The Court applied the general rule from Saint John Shipbuilding that evidentiary rulings made during trial are ordinarily not appealable separately from the final judgment but declined to quash the present appeal because the appellants had not been shown to have no reasonable prospect of success and exceptional circumstances to depart from the rule were not established; the Court reserved the jurisdiction question for the merits of the appeal and ordered parties to provide submissions on whether the appeal should be…
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The Federal Court struck the section 7(d) Trade-marks Act and section 52 Competition Act claims, but allowed the section 7(a) claim and personal claims against Behan to proceed.
The Federal Court rejected Apotex’s non-infringing alternative defence, denied section 8 compensation, and awarded AstraZeneca profits-based relief, including profits-on-profits.
The Federal Court dismissed Novartis’s motion to vary a protective order so it could use Canadian testing evidence in Portuguese arbitration.
Assessment of costs in a patent case, allowing many discovery, expert and disbursement claims in part, while reducing or disallowing overhead and unsupported items.
The Federal Court finalized Exhibit 10 by Schedule A, ordered all other documents removed and shredded, and directed that the remaining items be retained as the trial exhibit.
The Supreme Court of Canada upheld the validity of Sanofi’s selection patent for clopidogrel, rejecting anticipation, obviousness and double-patenting challenges.
The Federal Court held that SNDS 055754 was too insubstantial to support listing the 732 Patent because the relevant triple-therapy indication had already been approved.
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