Sentences with phrase «previous federal court decision»

«Given that the previous Federal Court decision raised complex legal issues it was prudent for Canada to obtain a decision from a higher court.»

Not exact matches

The factors considered, arising from previous decision of the Federal Court, are: presence of competing products in the market; advantages of the patented product over competing products; advantages of the infringing product over the patented product; market position of the patentee; market position of the infringer; market share of the patentee before and after the infringing product entered the market; size of the market before and after the infringing product entered the market; and capacity of the patentee to produce additional products.

The German patent office will most likely treat the Federal Patent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new context.

The Federal Court overturned a previous decision by the Commissioner of Patents confirming the analysis of the Patent Appeal Board reviewing the final rejection issued by the Examiner in charge, and stated that Amazon.com's patent application constitutes statutory subject matter in accordance with the Patent Act.

The Federal Court of Canada has just issued a decision in Girao v. Zarek Taylor Grossman Hanrahan LLP, 2011 FC 1070 (CanLII), in which it found a law firm liable for having posted on its website a previous report of findings from the Office of the Privacy Commissioner of Canada along with a cover letter that identified the complainant.

The question had been resolved by a previous decision of the Federal Court of Appeal.

Following our previous Slaw post, where we commented that the Federal Government decided to appeal the June 15 British Columbia Supreme Court ruling that struck down the Criminal Code ban on physician - assisted suicide, and seeking to stay all aspect of the decision, including the exemption order found in the ruling.

The Supreme Court of Canada has concluded that the acquisition of a hazardous waste site in northeastern British Columbia should be permitted to go ahead, overruling previous decisions by the Federal Court of Appeal and the Competition Tribunal.

This interpretation recognises what previous High Court and Federal Court decisions have also recognised — that the connection that Indigenous people have with country is essentially a spiritual one.14 For instance, in Milirrpum v Nabalco Justice Blackburn referred to the fact that: 15

*** does not include Wanjina: Wungurr - Willinggin - Ngarinyin Federal Court litigated decision handed down 8th December 2003 nor the Miriuwung Gajerrong FC consent determination of 9th December 2003 although the previous Miriuwung Gajerrong litigated decision that native title exists is included.

Since there were no previous Vermont cases on this issue, the Vermont Supreme Court looked to Federal Trade Commission decisions and cases from other states with similar consumer protection laws.

In litigating to hold Clean Water Act regulators accountable to the courts for their decisions about whether private property is subject to strict federal regulation, this case follows up on PLF's previous Sackett v. EPA decision.