Intellectual Property Disputes Intellectual Property Disputes

2020: A year of clarity for Canadian life sciences and software patents

Two industries in which patents play an undeniable strategic role are life sciences and software. Canada has historically been a strategic...

Litigating during COVID-19 and other notable litigation developments in 2020

In March 2020, the COVID-19 pandemic forced many courts and tribunals to shut their doors. This article highlights a number of the changes and...

Federal Court issues landmark website-blocking injunction with significant implications for ISPs

In the first order of its kind in Canada, the Federal Court has issued an injunction directing internet service providers (ISPs) to prevent user...

The first steps taken at the Canadian pharmaceutical patent dance

J Bradley White and Nathaniel Lipkus of Osler analyse the changes introduced by the amendments to the PMNOC Regulations.

Federal Court of Appeal infuses greater certainty into the Canadian obviousness analysis

In Ciba Specialty Chemicals Water Treatments Limited v SNF Inc., 2017 FCA 225, the Federal Court of Appeal suggests that trial courts may have...

Supreme Court of Canada upholds global search engine de-indexing decision: Five implications for internet intermediaries

On June 27, 2017, the Supreme Court of Canada upheld an injunction that requires Google to remove an entire website from its global search index, in...

Supreme Court of Canada lends an enforcement hand to intellectual property right owners

In Google Inc v Equustek Solutions Inc, 2017 SCC 34 (June 28, 2017) (Equustek), the Supreme Court held that Canadian courts have discretion to issue...

$125-million pharmaceutical damages award undone by hearsay rule

The Court questioned Teva’s ability to supply the market due to its reliance on inadmissible hearsay evidence. The judgment is expected to have...