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"The court has shown for some time now a real interest in giving better access to justice in intellectual property cases. " — RON DIMOCK, DIMOCK STRATTON LLP Perhaps most noteworthy, the amendments to the Federal Courts Rules, call for the streamlining of mat- ters with mandatory case management of all intellectual property litigation. "There seems to be interest now in having more controls over a lawsuit," Dimock says. "This would enable cas- es to get to court more promptly and have the court more involved in setting schedules." Under the old rules, cases were taking two years or more to get to trial, he says, despite efforts made several years ago to expedite Federal Court matters in general. To facilitate intellectual property cases, a roster of judges has emerged with related interests or expertise to as- sist in keeping with an effort to ensure the trial judge appointed also serves as the case management judge. The new rules also mandate that a trial date be set early in the litigation process, and that the length and breadth of discov- ery be fixed to reasonable timelines to avoid protracted delays, often caused by defendants to postpone trial. As well, appeals from prothonota- ries to judges are being time-managed to move cases along, while Patented Medicines Notice of Compliance (PM- NOC) hearings will accommodate wit- nesses when required. "The rules are supposed to be inter- preted so that an issue on its merit is supposed to be dealt with as expedi- tiously as possible, as economically as possible, and as judicially as pos- sible. Those are the three criteria and the courts, with case management, are trying to accomplish that," ob- serves Dimock. "It's refreshing to see the court taking these issues. I think it means the court is making great strides in showing it can handle pat- ent cases and other intellectual prop- erty cases as well as any other courts" around the globe. Michael Manson, a partner at Smart & Biggar/Fetherstonhaugh's Vancouver BereskinParr_Dec7.qxd 12/7/07 12:16 PM Page 1 office, points to other developments that signal the courts might be becoming intellectual property RANGE & DEPTH One of Canada's leading intellectual property law firms, Bereskin & Parr combines proven expertise with a dedication to service that has earned lasting trust from many of the world's most original thinkers. www.bereskinparr.com TORONTO MISSISS A UG A WA TERLOO MONTRÉ A L www. C ANADIAN Law ye rmag.com JANU AR Y 2008 49