Federal Court of Appeal agrees octogenarians are relevant consumers for confusion analysis

By May M. Cheng ( January 5, 2026, 12:03 PM EST) -- In a judgment delivered on Nov. 28, 2025, 18 months after the appeal case was argued, the Federal Court of Appeal released its long-awaited ruling in Samsung Bioepis Co., Ltd. v. Novartis AG, 2025 FCA 212, dismissing an appeal from a decision of Justice Christine Pallotta reported at Novartis AG v. Biogen, Inc., 2024 FC 52. Given that the Federal Court of Appeal’s practice is to try to release decisions within six months of a hearing, this decision took three times the standard time....