- Parties: The applicants were Novartis AG and Novartis Pharmaceuticals Canada Inc. The respondents were Biogen Inc., Biogen Canada Inc, Biogen MA Inc, and Samsung Bioepis Co Ltd.

- Subject Matter: The applicants alleged that the respondents’ unauthorized use of the trademark BYOOVIZ in association with an ophthalmologic drug violated their rights in the registered trademark BEOVU, in breach of ss. 7(b), 19, 20, and 22 of the Trademarks Act, 1985.

- Ruling: The court ruled in the applicants’ favour and allowed the application. The court found that the applicants established that the respondents’ use of BYOOVIZ violated their rights in the BEOVU mark. The court permanently enjoined the respondents and their licensees from using the BYOOVIZ mark in association with pharmaceutical preparations for use in ophthalmology or pharmaceutical preparations for prevention and treatment of ocular disorders and diseases or any other trademark or trade name confusingly similar to the BEOVU mark. The court ordered the respondents and their licensees to deliver to the applicants, to destroy under oath, or to alter any goods, packaging, labels, and advertising materials in their possession, power, or control that were contrary to the injunction.

- Date: The hearing was set on Apr. 17, 2023. The court released its decision on Jan. 24, 2024.

- Venue: This was a federal case before the Federal Court.

- Amount: The court ordered the respondents to pay the applicants damages in the amount of $20,000. The court set the interest rate at 2.5 percent.