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Vincent M. de Grandpré

Intellectual Property Litigation and Strategy Lawyer at Bennett Jones Toronto

Partner

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits linked to the infringement, unless the defendant shows why the court should not award this remedy. The Court of Appeal also reiterated that a permanent injunction is the expected remedy flowing from the infringement of a Canadian patent, even where the patented invention forms only a small part of the relevant commercial product, and even when the patentee is in the business of licensing, rather than practicing, its invention in Canada.

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits and a Permanent Injunction

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

On May 24, 2024, after nearly 25 years of negotiations, the World Intellectual Property Office announced that member states, including Canada, had agreed to a new <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.wipo.int/pressroom/en/articles/2024/article_0007.html" target="_blank">Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge</a>. This Treaty is a long-awaited first step in addressing the relationship between intellectual property over genetic resources and related Indigenous traditional knowledge.

A New International Treaty on Intellectual Property and Indigenous Knowledge

A New International Treaty on Intellectual Property and Indigenous Knowledge and its Potential Impact on Canadian Agricultural Innovation

Shelby Morrison

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

Ana Nizharadze

In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified when it is likely to reduce the complexity of the action and streamline an eventual damages assessment. The courts have held that bifurcation is not justified, however, when its sole rationale is the alleged lack of merit of claims or defences.

Did You Plead That Federal Court Clarifies Bifurcation Motion Complexity in Amazon Case

Did you plead that? On a Bifurcation Motion, Federal Court in Amazon.com Clarifies that Alleged Complexity must Translate from the Pleadings

In Promotion In Motion Inc. v Hershey Chocolate & Confectionery LLC, <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/525397/index.do" target="_blank">2024 FC 556</a>, the applicant PIM Brands appealed the Trademarks Opposition Board's refusal to register trademark applications for SWISSKISS and SWISSKISS & Design covering "Chocolate of Swiss origin". Hershey Chocolate & Confectionary LLC had successfully opposed registration of PIM's applications based on its own prior registrations for KISSES and KISS, covering "solid chocolate candy with or without ingredients such as nuts" and "chocolate candy".

Kissing Registration Goodbye Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS Trademarks

Kwang Lim

Corporate and Securities Lawyer at Bennett Jones Vancouver

Vancouver Managing Partner

Angela Blake

M&A, Securities and Corporate Finance Lawyer at Bennett Jones Toronto

Laura James

Corporate Lawyer at Bennett Jones Vancouver

M&amp;A activity in Canada rebounded in Q3 2025, with total deal value rising sharply year-over-year. Our update explores shifting deal structures, the rise of earnouts, cross-border dynamics, and the sectors driving growth.

Canadas Q3 2025 MA Landscape

Canada's Q3 2025 M&A Landscape

Dominique Carli

Commercial Transactions Lawyer at Bennett Jones Toronto

Wittington Investments has launched a C$100 million fund to support Canadian food producers with equity or debt financing. Success depends on legal readiness, from IP protection to governance, ensuring businesses are prepared to attract and secure investment.

Legal Readiness for Food Producers Navigating Wittington Investments C100M Fund

Legal Readiness for Food Producers: Navigating Wittington Investments’ C$100M Fund

Kees de Ridder

Intellectual Property Lawyer, Patent Agent and Trademark Agent at Bennett Jones Calgary

Associate, Patent Agent, Trademark Agent

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

The Supreme Court of Canada will hear Pharmascience Inc v Janssen Inc on October 9, 2025, a case that could reshape the scope of patentable subject matter in Canada. At issue is whether a dosing regimen for a pharmaceutical product constitutes an unpatentable method of medical treatment or a valid invention under the Patent Act. The Federal Court and Federal Court of Appeal upheld the patent&rsquo;s validity, but Pharmascience has challenged this position. With several industry groups granted intervenor status, the case is expected to have significant implications not only for the pharmaceutical industry but also for broader questions of what qualifies as an &ldquo;invention,&rdquo; including computer-implemented and AI-related technologies.

Supreme Court to Assess Subject Matter Eligibility in Canadian

Supreme Court to Assess Subject Matter Eligibility in Canadian Patent Law: Implications Beyond the Pharmaceutical Context

AI is transforming performance marketing through hyper-personalization, automated content creation, and data-driven insights&mdash;enhancing efficiency while raising new legal and ethical considerations for brands.

The Implications of AI on Performance Marketing

Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Andrew Froh

Commercial Litigation Lawyer at Bennett Jones Vancouver

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

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