This is Part 2 of my series analyzing decision turnaround times at the Federal Court. See Part 1 here. In Part 1, I explored the general distributions and trends of decision turnaround time (the number of days between hearing and decision) at the Federal Court. This article will examine practice areas at the Federal Court.
Over the past few years, there have been discussions among the IP bar in Canada about the length of time that some decisions have been under reserve. During the Federal Courts’ Town Hall at last year’s CBA IP Day, a question was raised to the Chief Justice about whether steps were being taken to address
It’s not often that we get four(!) appellate decisions on one specific legal doctrine in less than a year. But here we are with four decisions from the Federal Court of Appeal on inducement of infringement: In all four cases, the patentee was successful in arguing that the defendant indirectly infringed by inducement. This is
Canada (Attorney General) v Benjamin Moore & Co, 2023 FCA 168, was a much-awaited decision of the Federal Court of Appeal that was supposed to address the long-standing détente between the Canadian patent office and the bulk of the patent prosecution bar regarding the eligibility of computer-implemented inventions. Spoiler alert: it did not. There is
The Supreme Court of Canada recently dismissed Apotex’s leave to appeal its long-running Statute of Monopolies claim against Eli Lilly. The Court’s refusal to grant leave means that, for all intents and purposes, the chapter has closed on this intriguing legal theory.