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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

Serge Dupont

Senior Advisor at Bennett Jones Ottawa

Senior Advisor

The U.S. and global economies proved resilient in 2025. There were reasons, particularly around U.S. President Donald Trump&rsquo;s April 1 &ldquo;Liberation Day,&rdquo; to fear a global trade war or corrections in financial markets that would cause a recession in the United States and a sharp slowing of the global economy. In fact, while growth in the United States and most major economies slowed in 2025, other policy and market factors offset at least in part the early effect of disruptive policies by the U.S. administration. The United States&rsquo;s trading partners chose to avoid an all-out trade war, and most negotiated some form of accommodation with President Trump.

Economic Outlook 2026

Adapting to a New World: From Ambition to Investment

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, 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

Stephen Thaler has appealed the Commissioner of Patents&rsquo; refusal to recognize his AI system, DABUS, as an inventor under the Patent Act. The case raises legal and practical questions as AI systems play a growing role in generating novel inventions. The outcome could influence how Canadian innovators protect AI-driven discoveries, particularly in pharmaceutical R&amp;D.

Appeal Filed Thaler Challenges Refusal to Recognize AI

Appeal Filed: Thaler Challenges Refusal to Recognize AI as an Inventor on a Patent—Implications Beyond Inventorship

Curtis A. Cusinato

Cross-border Mergers and Acquisitions and Capital Markets Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Spencer Daniel

Lawyer at Bennett Jones Toronto

Nadia Plawiuk

In recent years, private equity investment in sports has surged globally, marking a transformative shift in the financial and operational landscape of professional athletics. The global sports market was valued at nearly US$516 billion in 2024, with forecasts projecting it will surpass US$893 billion by 2034. Major North American leagues, including the NFL, NBA, MLB, NHL and MLS have responded to this momentum by easing ownership restrictions since 2020, allowing private equity firms to acquire minority stakes and fueling increased deal activity. In 2024, minority investments accounted for 48% of deal volume, reflecting a growing trend in passive investment structures. Today, over 74 North American sports teams are backed or affiliated with private equity, with many more viewing private equity as a strategic growth partner amid rising team valuations and evolving monetization models.

How Private Equity is Changing the Game for North American Sports and Beyond

David Wainer

Commercial Transactions Lawyer at Bennett Jones Calgary

This end-of-year overview examines the Federal Government&rsquo;s rapid expansion of AI-related funding in 2025, from large-scale investments in data centres and public compute infrastructure to programs supporting AI access, adoption and domestic research. It also explores the new commitments announced in Budget 2025 and signals key trends to watch in 2026 as Canada strengthens its AI ecosystem.

Canadas AI Efforts in 2025 A Year in Review

Canada's AI Efforts in 2025: A Year in Review

Laura Inglis

Commercial Litigation Lawyer at Bennett Jones Edmonton

Christine Plante

Civil Fraud Recovery, Employment and Shareholder Disputes Lawyer at Bennett Jones Calgary

David M. Price

Employment Services Lawyer at Bennett Jones Calgary

Effective January 1, 2026, Alberta will increase job-protected long-term illness and injury leave from 16 to 27 weeks. This update aligns Alberta with other leading Canadian jurisdictions that recently implemented similar extended leaves. Employers will need to revisit their workplace policies to ensure compliance with the new requirements. The blog explains the legislative amendments and their implications for employers.

Alberta Aligns with Other Provinces in Extending Long Term Illness and Injury Leave

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