Norton Rose Fulbright, McCarthy Tétrault act for parties in IP suit before Federal Court of Appeal

Norton Rose Fulbright Canada LLP and McCarthy Tétrault LLP appeared this week before the Federal Court of Appeal, representing Akebia Therapeutics Inc. and FibroGen Inc., respectively, in an intellectual property dispute between the companies, while the Federal Court heard a multi-million-dollar personal injury lawsuit involving Howard Yegendorf & Associates, Fernandes Hearn LLP, and Gowling WLG.

Federal Court of Appeal

In 2018, Akebia Therapeutics Inc. brought an action to impeach certain patents owned by FibroGen Inc. Akebia discontinued the action before the start of trial, but two months later, Akebia and Ostuka Canada Pharmaceutical brought a motion to challenge the confidentiality designation of two fact witness statements prepared for use at the trial of the action. FibroGen asked the Federal Court of Appeal to dismiss the motion.  Norton Rose Fulbright Canada LLP acted for FibroGen Inc., while McCarthy Tétrault LLP represented Akebia and Otsuka.

Fasken Martineau DuMoulin LLP represented Craig Levett and several other plaintiffs against the Canada Revenue Agency (CRA) in an action seeking for an order quashing requests for exchange of information sent by the CRA to the Swiss tax authorities. The plaintiffs claimed that CRA illegally obtained privileged and confidential information, in violation of the plaintiffs’ rights under the Canadian Charter of Rights and Freedoms.

Federal Court

In a multi-million-dollar lawsuit filed by a young Ottawa man who lost his leg in a 2018 boating accident, Howard Yegendorf & Associates acted for plaintiff Emilio Dutra Lidington, Fernandes Hearn LLP represented the defendants Aidan McLaughlin and Julia Fournier, Gowling WLG represented defendant Otis Fatona-Pinet.

In a contractual claim brought under admiralty jurisdiction, Langlois Gaudreau O'Connor LLP represented the plaintiff, Navtech Inc. Borden Ladner Gervais LLP acted for the defendant Chantier Davie Canada Inc.

Gratl and Company acted for the representative plaintiff, Martha Kahnapace, in a proposed class proceeding against the Crown. The action deals with the Custody Rating Scale (CRS), a standardized test that is said to grade or score federal inmates in the custody of the Correctional Service of Canada (CSC) on their public and institutional risk.

In another proposed class proceeding, McInnes Cooper acted for representative plaintiff Dennis Manuge against the Crown. The plaintiff brought the action under the Pension Act of Canadian Forces Members and Veterans Re-establishment and Compensation Act.

Sotos LLP acted for the representative plaintiff, Xavier Moushoom, in a proposed class proceeding against the Crown. The plaintiff seeks a declaration that the Crown breached its common law and fiduciary duties to the plaintiff and the class by systematically discriminating against First Nations children on the grounds of race and national or ethnic origin.

Torys LLP acted for Bayer Inc. in an application for judicial review against the Health Minister of Canada.

Johnstone & Cowling LLP acted for the Canadian Frontline Nurses against the Crown in a suit which challenged the legality of Emergencies Act.

Miller Thomson LLP represented John Dominelli in an income tax lawsuit against the Minister of National Revenue.

In lawsuits concerning immigration, refugees, and citizenship, the firms which were present at the federal court were Sandhu Law Office, Gertler Law Office, Mamann Sandaluk & Kingwell LLP, Stewart Sharma Harsanyi, ZSN Law Professional, Crossley Law, Michael Golden Law, Marvin Moses Law Office, Orman Law, and Hayer Law Group.

Under intellectual property lawsuits, the following firms appeared at the federal court this week:

• Piasetzki Nenniger Kvas LLP for Kobold Corporation in a patent infringement claim against NCS Multistage Inc., which was represented by Seastone IP LLP
• Torys LLP for Liquidpower Specialty Products in a patent infringement claim against Baker Hughes Canada, which was represented by Aird & Berlis LLP
• Stikeman Ellott LLP for Flowchem LLC in a patent infringement claim against Liquidpower Specialty Products, which was represented by Torys LLP
• Smart & Biggar for The Noco Company Inc. in a patent infringement claim against Canadian Tire Corp, which was represented by Norton Rose Fulbright Canada LLP
• Smart & Biggar for Steelhead LNG in a patent infringement claim against Seven Generations Energy, which was represented by Goodmans LLP
• Smart & Biggar for Boehringer Ingelheim in an action brought under Patented Medicines (Notice of Compliance) Regulations against Sandoz Canada, which was represented by Schneider Law
• Bereskin & Parr LLP for GDK International in a trademark infringement claim against Champion Doner Food Distribution Inc., which was represented by Mehrabi Law Office

In lawsuits brought under aboriginal law, the following firms were present at the federal court:

• Rae and Company for Saddle Lake Cree and Ackroyd LLP for Whitefish Lake against the Crown
• E.J. Woodward Law Corporation for Dzawada̱ʼenux̱w First Nation against the Crown and Cermaq Canada, which was represented by Fasken. In the same action, Blake Cassels Graydon acted for intervener, Mowi Canada.
• Strosberg Sasso Sutts LLP for Assembly of First Nations against the Crown
• LJ Peter Lambert Law for Doris Stanley against Gregory Desjarlais and several other defendants, which were represented by Witten LLP.