Federal Courts Improvement Act

• CALGARY, AB, Nov. 8, 2023 /PRNewswire/ - Kobold Corporation and Kobold Completions Inc. ("Kobold") announce that in a ruling issued by the Federal Court of Canada yesterday in relation to a patent infringement lawsuit brought by NCS Multistage Inc. ("NCS") against Kobold, the Court ruled that Kobold was entirely successful in its defence and counterclaim.
• The Court granted an injunction against NCS prohibiting further use, manufacture, and sale of NCS's LP3 sleeves in Canada.
• NCS has also been ordered to pay Kobold either damages or NCS's profits in respect of the infringement in an amount to be determined.
• It is an unqualified victory that exonerates Kobold from the claims made against it by NCS and is a vindication of Kobold's innovative technology.

• Federal Court judge Jonathan Beach had been expected to deliver his decision at the beginning of the year.
• It was finally handed down yesterday, after a nine-month delay that highlights the significance of the case.
• It dismisses all the dealers’ claims against Mercedes-Benz, describing the case as “forensically complex although legally straightforward”.

Why dealers took Mercedes-Benz to court

• The basis for the dealers’ compensation claim was that Mercedes-Benz allegedly bullied them into signing “agency agreements” that upended this model.
• The new agreements meant Mercedes-Benz took control of the sales process.
• It retained ownership of the vehicles and set the sales prices, paying dealers a fixed commission on sales.
• With dealer showroom traffic already declining, dealers contended that reducing their interaction with customers would dramatically affect their profitability.

Claims dismissed

• He dismissed all claims against Mercedes-Benz.
• His judgement upholds Mercedes-Benz’s right to cancel its existing franchisee contracts and replace them with agency agreements.
• He unambiguously stated that “further consideration needs to be given to the terms of the franchising code and possible modification”.

What does this mean for customers?

• Fixed-price sales do not appear to blunt Tesla’s momentum, with the Tesla Model Y zooming up the charts to become Australia’s third-best-selling car.
• Honda, however, in March 2023 reported a 72% decline, recording its lowest new car sales in its history in Australia.
• All parties need to reset and refine their roles and responsibilities in a rapidly evolving consumer landscape.

• Jazz submitted its request to delist the REMS Patent to FDA on February 28.
• We look forward to working with FDA to bring LUMRYZ to all eligible patients as soon as possible,” said Greg Divis, Chief Executive Offer at Avadel Pharmaceuticals.
• On July 18, 2022, LUMRYZ received tentative approval from the FDA.
• Following Jazz’ request to delist the REMS Patent on February 28, 2023, Avadel filed a minor amendment with the FDA on March 1, 2023, removing its certification to the REMS Patent and requesting final approval of LUMRYZ.

• Munchkin, a competitor of Angelcare in the field of diapering products, has been selling four models of replacement refills for Angelcare's Diaper Genie system since 2012.
• Munchkin sold these refills under various brands, including retailer private labels, its Nursery Fresh value brand and its own Munchkin / Arm & Hammer brand.
• In its recent judgment, the Federal Court found that the first three models of refills launched by Munchkin infringe Angelcare's patents.
• The Court found that consumers who used certain Munchkin refills in Munchkin's pails or in certain Diaper Genie systems in Canada also infringe Angelcare's patents, and that Munchkin is liable for that infringement.