2015 FC 1237 - The FC heard and granted an application by Leo Pharma to prohibit Teva Canada from being issued a Notice of Compliance under the PM(NOC) Regulations.
2016 FC 1092 - The FC heard and granted an order to vary the records of the Patent Office for Canadian Patent No. 2,630,594, but refused to order the recording of documents to it.
2016 FC 499 - The FC allowed the removal of a named co-inventor from Canadian Patent No. 2,860,309, without requiring strict evidence that the remaining named individuals were the only inventors.
PAB 1394 - The Patent Appeal Board rejected the “Home Health Point-Of-Care and Administration System” disclosed in Canadian Patent Application No. 2,579,081 for being obvious to a person skilled in the art.
2016 ONCA 217 - The ONCA accepted the motion judge’s interpretation of the licensing agreement at issue, however, it set aside the dismissal of Symcor's defence of estoppel and referred this issue, along with a limitation period defence and assessment of damages, to trial.
2016 FC 517 - The FC held that patent applicants and holders using Xpresspost(TM) need only submit correspondence for CIPO to a Canada Post location by the deadline, rather than ensure physical delivery is completed by the deadline. The decision saved Biogen’s response to a requisition in a conflict proceeding from being deemed abandoned.
2016 FC 336 - The FC affirmed Prothonotary Tabib’s decision to strike some of Gilead Science's pleadings and allow the infringement action to continue on the basis of amended allegations of a likely future (quia timet) infringement.
2016 ONSC 7193 - The ONSC heard pleadings by Apotex and Pfizer concerning Pfizer’s, now invalid, patent for Viagra. Apotex had previously been prevented from manufacturing its own generic because of the Viagra patent, and now claimed damages for the delay in being able to market its own variant. The appeal was dismissed and Apotex’s claim was allowed to proceed unstruck.
2015 BCCA 506 - This BCCA decision confirmed that the patent regulatory regime – that being the Patent Act, the Patent Rules, the Food and Drugs Act, the Food and Drug Regulations, and the Patented Medicines (Notice of Compliance) Regulations, is a complete code which forecloses parallel civil actions rooted in a breach of the Patent Act.
PAB 1393 - The Patent Appeal Board found that Canadian Patent Application No. 2,544,223, entitled “Stabilized Alpha Helical Peptides and Uses Thereof” lacked utility, lacked sufficient disclosure, was obvious, and included indefinite claims.
2016 FC 435 - In this industrial design case, the FC commented that the more crowded the field, the smaller the degree of difference required to evade the protection afforded by existing registrations.
2015 FC 1016 - In this decision, the FC permitted the applicant to proceed with its prohibition application, despite a previous decision finding that the patent in question was invalid.
2015 FC 108 - Patent drafters are required to provide adequate disclosure of an invention in patent applications to reduce the likelihood that the granted patent will be litigated and invalidated years down the road. This Federal Court (“FC”) decision dismissed an application for a prohibition order on the grounds of non-infringement and found the patent to be obvious and lacking in utility.
PAB 1392 - Patent applicants should be wary of relying solely on evidence of commercial success to avoid rejection on the grounds of obviousness, as factors such as marketing may be found to be the actual reason for the success.
2015 FC 247 - The Federal Court reminds us that a selection patent will typically require something more than routine testing to justify the reclaiming of a particular compound within a previously known class of compounds.
PAB 1391 - Although the simplicity of a product may be attractive from a marketing perspective, it makes for an easy rejection of the patent application for obviousness.
The ITC finally dropped its investigation against the dental equipment manufacturer ClearCorrect. The move comes long after the ITC lost a legal battle that decided that the ITC does not have the power to police the importation of digital data, even where that digital data is being used to 3D-print a patented product in the United States.
2016 FCA 119 - The FCA dismissed the appeal, which alleged that Canadian Patent No. 2,226,784 was invalid on the basis of obviousness-type double-patenting and for lack of utility due to no sound prediction. As a result, the ‘784 patent was upheld.
2014 FCA 68 - Innovator pharmaceutical companies should be cautious and think twice about how aggressively they defend their patents as they could potentially face paying more than 100% of actual damages as an award under section 8 of the PM(NOC) Regulations.