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The Federal Court disallowed GreenBlue’s overhead deductions on remittal and awarded DeepRoot an accounting of profits, plus prejudgment interest and costs.
The Federal Court dismissed an appeal from a case management order refusing discovery. It held the requested drawings were not shown to be relevant to patent damages issues.
The Federal Court of Appeal held that the trial judge did not commit a reversible error: patients are a relevant class of consumers for the confusion analysis in this context, the surrounding circumstances (including oral communication and repackaging practices) supported a finding of likelihood of confusion between BEOVU and BYOOVIZ, passing off was established, and injunctive relief plus nominal damages ($20,000) were appropriate; the appeals and cross-appeals were dismissed.
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The Federal Court of Appeal dismissed the appeals and the motions for new evidence because the Federal Court's findings on validity, infringement, accounting and costs were within its fact‑finding and discretionary authority and contained no palpable and overriding error; the proposed new evidence was neither practically conclusive nor warranted residual admission; reliance on the Tabib Order for costs was permissible.
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Interim reference report in a trademark passing-off profits accounting. The referee upheld estoppel, found causation/apportionment open, and set 15% as the causally attributable share.
The Federal Court of Appeal held there was no reviewable error in the Federal Court’s obviousness findings: the asserted claims of the 870 and 344 Patents were obvious in light of DAVIC and the common general knowledge of the skilled person, so the appeal is dismissed; the appellate court corrected aspects of the trial court’s remedial analysis (noting the trial judge erred in approach to accounting of profits and in relying on unproven design‑around costs) but these remedial errors did not affect disposition.
Source excerpt
The Federal Court’s factual findings that the 870C claims were obvious in light of DAVIC and common general knowledge and that the 585 claims were anticipated by the iMagic (TimelessTV) disclosure were not shown to be reviewable errors; consequently the appeal is dismissed and the Federal Court’s substantive validity and non‑infringement holdings are upheld, although aspects of the trial judge’s remedial reasoning (reliance on prosecution delay and adoption of eBay-style analysis) contained errors that do not change the outcome.
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A British Columbia trial judgment over a failed real estate development found secret profits, misappropriated project funds, and partial liability among multiple defendants.
The Federal Court of Appeal upheld the trial court's claim constructions and findings of validity and infringement, found that the trial judge erred in accepting GreenBlue's overhead allocation without demonstrating a causal link to infringing sales, allowed DeepRoot's cross-appeal in part and remitted the issue of whether an accounting of profits is appropriate to the Federal Court for redetermination, and awarded costs to DeepRoot.
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The Federal Court granted a permanent injunction for infringing cassettes, allowed the plaintiffs to elect damages or accounting of profits, and denied punitive damages.
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