June 03, 2015;  Melanie Baird

In industrial design, it pays to have it all. In a recent decision, the Federal Court of Appeal held that while a purely functional design does not attract protection (as per section 5.1(a) of the Industrial Design Act), an industrial design that has a functional aspect can still be enforced if the design is also visually appealing.

May 13, 2015;  Andrew Skodyn

In the recent decision of Imperial Manufacturing Group Inc. v. Decor Grates Incorporated, 2015 FCA 100, the Federal Court of Appeal used an appeal of a particulars motion in an industrial designs case to eliminate the prior distinction between the standard of review of discretionary or interlocutory orders and all other appeals from the Federal Court.

April 23, 2015;  Andrew Skodyn

In a rare and surprising turn of events, a full panel of the Supreme Court of Canada unanimously dismissed Sanofi-Aventis' appeal of its "Section 8" liability at the conclusion of oral argument on April 20. (Sanofi-Aventis v. Apotex Inc., 2015 SCC 20).

February 27, 2015

A decision issued last month contains a useful synopsis by Justice Zinn of principles applicable to damages awards in patent infringement cases: Eli Lilly & Co. et al. v. Apotex Inc. 2014 FC 1254.

September 18, 2014;  Paul-Erik Veel

The British Columbia Supreme Court's decision in Low v. Pfizer Canada Inc., 2014 BCSC 1469 could radically change the legal landscape for patent law in Canada. Patent law has thus far been entirely statutory rather than a product of the common law; courts had not recognized any common law rights or remedies in relation to patents. The decision of Justice Smith changes that, and in so doing...