Edited by Chantal Saunders, Beverley Moore and Adrian Howard
PATENT CASES
Application for an order of prohibition is dismissed for a unit dose patent
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals
ULC, 2015 FC 125
Drug: CIALIS® tadalafil
The Court found that Mylan's allegations of lack of utility, anticipation and obviousness were justified. As a result, the application was dismissed.
Application for an order of prohibition is dismissed
Janssen Inc. v. Teva Canada Limited, 2015
FC 184
Drug: VELCADE® bortezomib
The Court found that Teva's allegation of obviousness was justified. As a result, the application was dismissed.
TRADEMARK CASES
Leave to appeal dismissed for a design mark relating to wood preservatives
Osmose-Pentox Inc. v. Société Laurentide Inc. , SCC File No. 36033
The Supreme Court has dismissed Osmose-Pentox's leave for appeal for infringement of the CONSERVATOR design mark. The second letter "O" is replaced with a hard hat in the mark.
The Supreme Court had summarized the leave as follows: The applicant, Osmose-Pentox, manufactures and sells wood coatings and wood preservatives under various trade-marks. One of the products it produces is a wood primer sealer sold in containers bearing a label with the design mark. In 2002, Osmose-Pentox instituted proceedings against the respondent, Société Laurentides, for infringement of its right to the exclusive use of its registered trade-mark. Société Laurentides had been producing a wood primer sealer with a label on which it was written "Wood CONSERVATOR" and "CONSERVATEUR pour bois". The Federal Court found that there was no trade-mark infringement within the meaning of s. 20(1) of the Trade-marks Act, R.S.C. 1985, c. T-13 (the "Act"), and dismissed the action. The Court also dismissed Osmose-Pentox's arguments with respect to confusion and passing-off. The Federal Court of Appeal dismissed the appeal.
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