Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Colin Hyslop
New IP Measures in the 2024 Canadian Federal Budget - what Canadian Companies Need to Know
On April 16, 2024, Canada’s Department of Finance tabled the 2024 Canadian Federal Budget (“Budget 2024”). Budget 2024 contains proposals about intellectual property ("IP") that will be beneficial to innovative Canadian companies, both big and small, that intend to pursue Canadian patent rights within the next several years. Patent Expenses – Businesses that invest in developing cutting-edge technology are recognized as a key driver of Canada’s economic growth.
The Federal Court Provides Guidance on When Trademark Acquisition May Constitute “Special Circumstances” Under s. 45
The Federal Court has dismissed an appeal of the Registrar of Trademarks' (Registrar) decision to expunge the AVIREX Mark (Mark) under s. 45 of the Trademarks Act. In doing so, the Court has provided further guidance on what constitutes "special circumstances" to excuse non-use in the relevant period, specifically regarding acquisitions of impugned marks. Centric Brands LLC (Centric) is the current owner of the Mark, and KVZ International Ltd. (KVZ) was the former owner of the Mark.
The Federal Court Provides Clarity on When and From Whose Perspective Confusion is Assessed
In a recent decision, the Federal Court found that Novartis AG and Novartis Pharmaceuticals Canada Inc.'s (collectively, Novartis) rights in the BEOVU mark were violated. Novartis brought an application for trademark infringement, passing off, and depreciation of goodwill against Biogen, Inc.; Biogen MA Inc.; Biogen Canada Inc. (collectively, Biogen); and Samsung Bioepis Co., Ltd. (Samsung) for their use of the BYOOVIZ mark.
Double Dragona - No Goodwill When Using the Defendant’s Trademark Under License
The Federal Court of Appeal recently dismissed Dragona Carpet Supplies Mississauga Inc.'s (Dragona Mississauga) appeal of a Federal Court decision (2022 FC 1042) denying Dragona Mississauga's passing off claim. In doing so, the Federal Court of Appeal made some instructive observations on trademark licensing and establishing the requisite degree of control in order to establish a valid license.
Federal Court finds generic would induce infringement of combination therapy patent
The Federal Court has allowed a second infringement action concerning a macitentan product under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court found that the defendant would induce infringement of claims relating to combination treatment if it were allowed to market its macitentan product. Background Janssen Inc. markets OPSUMIT® (macitentan) to treat patients afflicted with pulmonary arterial hypertension (PAH).
Federal Court finds a combination therapy patent valid and infringed
The Federal Court has allowed an infringement action concerning a macitentan product under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court dismissed allegations that the asserted patent claims were invalid for obviousness, lack of utility, overbreadth, and insufficiency of disclosure. Background Janssen Inc. (Janssen) markets OPSUMIT® in Canada for the treatment of pulmonary arterial hypertension (PAH). OPSUMIT® is a tablet containing macitentan.
Federal Court finds salt patent valid in a PM(NOC) action regarding sitagliptin
The Federal Court has allowed an infringement action concerning sitagliptin phosphate monohydrate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court dismissed allegations of obviousness and insufficiency, and it found the asserted claims to be valid and infringed. In reaching its decision, the Court provided substantive guidance on hearsay evidence in infringement actions under the Regulations. Background Merck Canada Inc.
The Federal Court (FC) has granted an application for judicial review involving the data protection provisions in section C.08.004.1 of the Food and Drug Regulations in a case involving new drug submissions (NDSs) for two different amifampridine products. This is the second time that the FC has set aside a decision to issue a notice of compliance (NOC) for the product in question on data protection grounds.
Federal Court rejects motion for summary judgment in Canadian patent infringement case following voluntary dismissal of parallel US litigation
In a recently released decision, the Federal Court (FC) considered what happens when a patent infringement plaintiff agrees to resolve a dispute in a foreign jurisdiction, but continues to press parallel litigation against the same defendant in Canada. In this case, the defendant sought summary judgment based on the terms of a voluntary dismissal between the parties in the United States.
Federal Court Finds Minister Of Health's Refusal To Grant CSP Based On The
Canada: Federal Court Finds Minister Of Health's Refusal To Grant CSP Based On The "Timely Submission Requirement" Unreasonable 23 October 2021 by Kristin Wall , Corey McClary and Colin Hyslop Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Amendments To The Federal Courts Rules
Canada: Amendments To The Federal Courts Rules 09 July 2021 by Colin Hyslop (Toronto) , David Yi (Toronto) and Kristin Wall (Toronto) Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On June 17, 2021, a series of amendments to the Federal Courts Rules (the Amended Rules), were registered and came into force.
Canada Consults On Online Copyright Reform
Canada: Canada Consults On Online Copyright Reform 18 May 2021 Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On Wednesday, April 14, 2021, the Canadian government launched a consultation on "a Modern Copyright Framework for Online Intermediaries", seeking comments from the public until May 31.
Canada Consults on Online Copyright Reform
On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31.
Online Copyright Reform Consultation Launched By The Canadian Government - Intellectual Property - Canada
Canada: Online Copyright Reform Consultation Launched By The Canadian Government 29 April 2021 Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On Wednesday, April 14, 2021, the Canadian government launched a consultation on "a Modern Copyright Framework for Online Intermediaries", seeking comments from the public until May 31.
Online copyright reform consultation launched by the Canadian government
On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31.
Bill S-225: Proposed Canadian Legislation To Have Social Media Pay News Media
Canada: Bill S-225: Proposed Canadian Legislation To Have Social Media Pay News Media 11 March 2021 Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Across the world, as digital companies' advertising revenues climb, traditional news organizations' revenues fall. As a result, many traditional news organizations, like broadcasters and newspapers, are going out of business.
Bill S-225: Proposed Canadian legislation to have social media pay news media
Across the world, as digital companies’ advertising revenues climb, traditional news organizations’ revenues fall. As a result, many traditional news organizations, like broadcasters and newspapers, are going out of business. The public’s appetite for journalism, however, has not waned. If anything, the public needs reliable news sources more than ever in this era of “fake news” and internet-borne misinformation.
Pharma In Brief: The 2020 Year In Review
To print this article, all you need is to be registered or login on Mondaq.com. Introduction The Canadian pharma and life sciences space saw many developments in 2020, despite and in some cases because of the COVID-19 pandemic. The industry was among the heroes of 2020, developing, commercializing and distributing drugs, vaccines, and personal protective equipment to deal with COVID-19 at remarkable speeds.
Social Media Copyright Infringement: International Small Claims In Canada
Canada: Social Media Copyright Infringement: International Small Claims In Canada 12 January 2021 Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In the last month of 2020, Canadian courts decided two proceedings involving alleged copyright infringement and social media platforms. Both proceedings were small scale and involved foreign copyright holders.
Social media copyright infringement: International small claims in Canada
In the last month of 2020, Canadian courts decided two proceedings involving alleged copyright infringement and social media platforms. Both proceedings were small scale and involved foreign copyright holders. One proceeding was heard by the British Columbia Civil Resolution Tribunal (BCCRT) and the other was heard by the Federal Court of Canada (FC) under its simplified procedure for small claims.
Bill C-11: Canada Proposes New Data Privacy Legislation
Canada: Bill C-11: Canada Proposes New Data Privacy Legislation 23 November 2020 Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, tabled proposed legislation in Parliament that aims to overhaul Canada's data privacy law.
Bill C-11: Canada proposes new data privacy legislation
On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, tabled proposed legislation in Parliament that aims to overhaul Canada’s data privacy law. Bill C-11, entitled An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Act, will create new data privacy obligations and new enforcement mechanisms for these obligations if it becomes law.
Bill C-11: Canada proposes new data privacy legislation
On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, tabled proposed legislation in Parliament that aims to overhaul Canada’s data privacy law.
Bill C-11: Canada proposes new data privacy legislation
On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, tabled proposed legislation in Parliament that aims to overhaul Canada’s data privacy law.
Where The Rubber Hits The Road: Damages For Canadian E-Commerce Copyright Infringement
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement
In Rallysport Direct LLC v 2424508 Ontario Ltd, 2020 FC 794, the Canadian Federal Court awarded $357,500 in statutory damages and $50,000 in punitive damages for infringement of copyright in 1,430 photographs. Background Rallysport Direct LLC (RSD) is a wholesaler and direct-to-consumer supplier of aftermarket automotive components and accessories. It sells its products on its website using photographs of RSD’s products created by its employees under its direction.
The rise of videogame streaming in a global pandemic
The COVID-19 pandemic has had a large effect on our entertainment consumption. Some entertainment industries have taken significant hits, while others have been more fortunate in their rise. Videogame streaming is one such industry on the rise. During the pandemic, the global viewership of popular streaming platforms Twitch and YouTube Gaming increased by 10% and 15%, respectively. This increase in viewership appears to be directly correlated with the local severity of the pandemic.
The rise of videogame streaming in a global pandemic
The COVID-19 pandemic has had a large effect on our entertainment consumption. Some entertainment industries have taken significant hits, while others have been more fortunate in their rise. Videogame streaming is one such industry on the rise. During the pandemic, the global viewership of popular streaming platforms Twitch and YouTube Gaming increased by 10% and 15%, respectively. This increase in viewership appears to be directly correlated with the local severity of the pandemic.
PMPRB Takes Jurisdiction Over Medicine (again) Following Federal Court Of Appeal Remand
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
PMPRB takes jurisdiction over medicine (again) following Federal Court of Appeal remand
The Patented Medicine Prices Review Board (PMPRB or Board) has found that a patent can pertain to a medicine based on clinical similarities to the invention—even if the patent does not actually encompass the medicine. Background This case concerns Canadian Patent No. 2,478,237 (the 237 Patent), which relates to the use of adapalene to treat dermatological disorders. The patentee, Galderma Canada Inc.
Dosing regimen patent found valid and infringed in the second decision under the new PM(NOC) Regulations
In the second trial judgment under the new Patented Medicine (Notice of Compliance) Regulations, the Federal Court (FC) found for the Plaintiffs, Janssen Inc. and Janssen Pharmaceutica N.V., and enjoined Teva Canada Limited (Teva) from making, constructing, using or selling paliperidone palmitate (paliperidone) in accordance with its abbreviated new drug submission.
Be Careful How You Ask – Canadian Court Considers Demand Letters - Intellectual Property - Canada
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Be careful how you ask – Canadian court considers demand letters | LexBlog
In the recent decision, Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81, the Canadian Federal Court granted an interlocutory injunction prohibiting a plaintiff patent holder in a patent infringement action from sending cease and desist letters to suppliers associated or involved with the defendant alleged infringer.
Governmental Use of Patented Inventions during a Pandemic: A Global Survey
Key Contacts: Jordana Sanft (Toronto), Jeffrey Lewis (New York), Jenny Shum (New York), Clemens Rubel (Munich), Seiko Hidaka (London), Justin Davidson (Hong Kong SAR), Jackie O’Brien (Sydney) Around the globe, pharmaceutical and medical device companies are helping in the fight of the COVID-19 pandemic.
Patent Owner Files Its Own Pleading In A PM(NOC) Action
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Patent owner files its own pleading in a PM(NOC) action
The Federal Court granted leave to the United States of America (USA), in its capacity as co-owner of a patent, to file its own pleading in an action under s 6(1) of the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations). The USA was permitted to respond to the defendant’s (Apotex Inc.) allegations of invalidity, including by making new and different allegations than those made by the plaintiff.
The 2019 Year In Review
To print this article, all you need is to be registered or login on Mondaq.com. In this article, the Pharma in Brief team curated the most significant topics we covered during 2019. The Canadian pharma and life sciences space saw many developments in 2019.
Pharma in Brief: The 2019 Year in Review
In this article, the Pharma in Brief team curated the most significant topics we covered during 2019. The Canadian pharma and life sciences space saw many developments in 2019. These included major policy initiatives and regulatory changes affecting the industry, driven in part by three high-profile federal objectives: lowering drug prices to move towards national pharmacare, replacing the North American Free Trade Agreement (NAFTA), and changes to drug approval pathways.
Federal Court Reinstates Damages Decision Concerning Prejudgment Interest
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Federal Court Reinstates Damages Decision Concerning Prejudgment Interest
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
Federal Court reinstates damages decision concerning prejudgment interest
The Federal Court has vindicated Lilly, reinstating a patent infringement damages decision that awarded Lilly prejudgment interest equal to its average annual rate of return during the interest earning period, on a compound basis. It found that Lilly’s real-world rate of return was convincing evidence of both what could have and what would have occurred in the but-for world.
Federal Court Dismisses Motion For Determination Of An Issue Of Law Under The New PM(NOC) Regulations - Food, Drugs, Healthcare, Life Sciences
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
Federal Court dismisses motion for determination of an issue of law under the new PM(NOC) Regulations
The Federal Court dismissed Pharmascience Inc.’s (Pharmascience) motion to determine a question of law on the issue of whether a first person can commence an action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations) for a drug for which there are no patents listed on the patent register.
Federal Court Refuses To Allow Fifth Generic To Join Common Trial On Validity
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
Federal Court refuses to allow fifth generic to join common trial on validity
The Federal Court has denied a motion by Dr. Reddy’s Laboratories’ (Dr. Reddy’s) seeking to participate in a common validity issues trial in actions concerning four other generic versions of the same drug under the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations). As we reported, the Federal Court has made a number of orders concerning common validity trials in actions commenced by Bayer Inc.
Federal Court refuses to permit reply evidence on validity issues in action under the PM(NOC) Regulations
On a motion for leave to file reply expert reports, the Federal Court has reinforced the rule against case splitting and outlined the circumstances under which reply expert reports are permissible under the Federal Courts Rules. The Court concluded that none of the proposed reply reports put forward by Teva Canada Limited (Teva) in respect of patent validity issues were proper and dismissed the motion.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Colin
Contact Colin, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack