Patent Cases

Application for an Order of Prohibition Dismissed for Formulation Patent
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2015 FC 178

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was dismissed.

Copyright Cases

Supreme Court Hears Arguments for Royalty Payments for Ephemeral Copies
CBC/SRC v. SODRAC 2003 Inc., Docket 35918

The Supreme Court heard the arguments in CBC/SRC v. SODRAC 2003 Inc. on March 16th, an appeal from 2014 FCA 84. The Supreme Court summarized the case as relating to royalties and ephemeral copies, and whether broadcast-incidental copies require a separate licence under a technologically-neutral interpretation of the Copyright Act.

The Court will be asked to consider if a licence is required in FCA File No. A-516-12, and address the question of what is a technologically-neutral royalty rate for broadcast-incidental copies? Also, the Court will be asked to consider whether the Copyright Board erred in law by granting an interim licence in FCA File No. A-63-13.


Chantal Saunders

Beverley Moore

Adrian J. Howard


Intellectual Property
Intellectual Property Litigation