Child custody case heard at SCC, Smart & Biggar on several patent lawsuits in Federal Court

Federal courts roundup features several IP cases, international family law battle before SCC

Child custody case heard at SCC, Smart & Biggar on several patent lawsuits in Federal Court

A case involving jurisdiction over child custody matters and international borders was brought to the Supreme Court of Canada this week, with Jamal Family Law and Lerners LLP representing the parties. In the federal court, Smart & Biggar represented companies in six separate intellectual property hearings dealing with patents.

Federal Court

Intellectual Property

Smart & Biggar represented The Noco Company Inc. in two patent infringement lawsuits. One suit was against the Canadian Tire Corp. Ltd, which was represented by Norton Rose Fulbright Canada LLP. The other action was against Shenzen Yike Electronics, which was represented by Gowling WLG.

Smart & Biggar also acted for Boehringer Ingelheim Ltd. in two actions under the Patented Medicines (Notice of Compliance) Regulations. One suit was against Teva Canada, which was represented by Osler, Hoskin & Harcourt LLP. The other lawsuit was against Sandoz Canada Inc., which was represented by Fineberg Ramamaoorthy LLP.

Astrazeneca Canada Inc. was likewise represented by Smart & Biggar in two separate actions concerning patented medicines against Sandoz Canada Inc. and Teva Canada Ltd. Sprigings Intellectual Property Law acted for Sandoz, while Osler, Hoskin & Harcourt LLP represented Teva Canada.

Belmore Neidrauer LLP acted for Janssen Inc. in two separate actions involving patented medicines. One lawsuit was against Pharmascience Inc., which was represented by Aitken Klee LLP. The other suit was against Apotex Inc., represented by Goodmans LLP.

Goodmans LLP also represented Apotex Inc. in an action involving patented medicines against Bausch Health Ireland, Inc., which was represented by Norton Rose Fulbright Canada LLP.

Janssen Inc. was also involved in another action concerning patented medicines against JAMP Pharma. This time, Janssen was represented by Blake, Cassels & Graydon, while JAMP Pharma was represented by Sprigings Intellectual Property Law.

Aitken Klee LLP acted for Maoz Betser-Zilevitch in a patent infringement action against Canadian Natural Resources Ltd., which was represented by Bennett Jones LLP.

Piasetzki & Nenniger Kvas LLP represented Frac Shack Inc. in a patent infringement lawsuit against KVA Fuel Services Ltd., which was represented by Kelly Van Alstyne.

DLA Piper LLP acted for 2660722 Ontario Inc. in an action involving industrial design infringement against Vanpak Ltd., which was represented by Ridout & Maybee LLP.

Robic LLP represented Harley-Davidson Canada in a trademark infringement lawsuit against Montreal Production Inc., which was represented by Olivier Tergny.

McLennan Ross LLP acted for Radon Gas Removal Systems Inc. in a patent infringement action against Lenbeth Developments Ltd., which was represented by DLA Piper.

Gowling WLG represented Farmobile LLC in a patent infringement action against Farmers Edge Inc., which was represented by McCarthy Tétrault.

McMillan LLP acted for the defendant, Polizeiprasisium Stuttgart Germany, in a copyright infringement action against an unrepresented plaintiff.

In a trademark expungement case, Stockwoods LLP acted for Wenger, while ROBIC LLP represented Travelway Group International Inc.

Charter of Rights and Freedoms

Henein Hutchison LLP acted for the Canadian Civil Liberties Association in a lawsuit involving Charter rights against the Attorney General of Canada.

Johnstone & Cowling LLP represented the Canadian Frontline Nurses in an action concerning a Public Order Emergency Proclamation. The applicants alleged that the proclamation violated their right of enjoyment of property and the right not to be deprived of it except by due process of law.

Foster LLP acted for the plaintiffs in a separate action which also challenged the emergency proclamation.

Gilbert McGloan Gillis Law represented the Potatoes New Brunswick in an action involving an alleged violation of the right to be secure against unreasonable search or seizure.

Labour and Employment

Nelligan O'Brien Payne LLP represented Jason Girard in an application for judicial review of the decision of the Canada Pension Centre that Girard’s employment had ceased “by reason of misconduct” under s.11(4) of the Royal Canadian Mounted Police Superannuation Act.


Mather Tax Law represented Jesse Willms in an action which challenged the decision of the Minister of National Revenue to deny the applicant’s request for an independent and transparent review of all documents that came into possession and control of the Canada Revenue Agency in relation to the audit of the applicant’s 2008 to 2011 taxation.

Aboriginal Law

The firms which appeared before the federal court this week in lawsuits involving aboriginal law includes JFK Law Corporation for Gull Bay First Nation, Murphy Battista LLP and Gowling WLG for Cheyenne Walters and Lori Lynn David, and Koskie Minsky LLP for Gregory Charles Collins.


In the area of immigration, the law firms before the federal court this week include North Star Immigration Law Inc, Lewis & Associates, Lee & Company, Chand & Company Law Corp, Battista Smith Migration, Desloges Law Group, Bondy Immigration Law, Edelmann & Company, Bertrand, Deslauriers AVOCATS, Kaminker and Associates, Stewart Sharma Harsanyi, Citylaw Group, Green & Spiegel LLP, Sandhu Law Office, Korman & Korman LLP, and Ace Law Group.

Supreme Court of Canada

An action involving child custody and access was heard by the Supreme Court of Canada this week. The mother is a Canadian citizen, while the father is a Pakistani citizen. They have two children who are both Canadian citizens. The father initiated divorce proceedings in Dubai and brought an application for an order requiring the children to be returned to Dubai to have the matters of custody and access decided there. The mother asked the Ontario court to assume jurisdiction instead. Jamal Family Law acted for the mother, while Lerners LLP represented the father before the SCC.

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