Patent

January 16, 2018
ANDS

Federal Court Rejects Apotex’s Judicial Review Application for Apo-Omeprazole Magnesium Tablets

2017 FC 857 - The Federal Court upheld the Minister of Health’s decision to cancel reconsideration for Apo-Omeprazole Magnesium Tablets manufactured by Apotex Inc. This is yet another failed attempt by Apotex to obtain approval for the magnesium tablet form of its anti-ulcer drug.
January 9, 2018
subject matter

Call Processing System Patent Rejected for Lack of Statutory Subject Matter and Obviousness

PAB 1420 - Canadian Patent Application No. 2,529,210 filed by Assurant Inc. for a system that routes customer calls based on a sales agent’s past performance was rejected by the Patent Appeal Board, at least for the reasons of non-statutory subject matter and obviousness.
January 2, 2018
ANDS

Federal Court of Appeal Confirms Issued Patents cannot be Invalidated by Underpayment of an Administrative Fee

2017 FCA 201 - The FCA upheld the FC’s ruling against Apotex, that Pfizer's failure to pay the proper final fee for the issuance of a Canadian patent will not invalidate the patent.
December 19, 2017
ANDS

Federal Court Upholds Pfizer’s Polymorph Patent for the Depression Drug PRISTIQ as Inventive and Useful

2017 FC 777 - The FC rejected Teva’s allegations that Pfizer's Canadian patent was obvious and lacked utility. The FC found that the POSITA would not have been able to predict the novel crystalline form taught by the patent, and that the subject-matter of the invention claimed in the patent was useful.
December 12, 2017
ANDS

Federal Court shoots down an attempted revival of the promise doctrine

2017 FC 774 - The FC granted Pfizer's order pursuant to Section 6 of the PM(NOC) Regulations, prohibiting the Minister of Health from issuing a NOC to Apotex, with respect to a Canadian patent The FC found, on a balance of probabilities, that Apotex’s allegations of obviousness, inutility, non-infringement, overpromising, anticipation and double patenting were not justified.
November 14, 2017
insomnia

Federal Court finds Insomnia-treating Drug Patent neither Invalid nor Infringed

2016 FC 1362 - The formulation patent for the insomnia-treating drug zolpidem was found to be substantially valid, but not infringed by Pharmascience's generic version of zolpidem.
November 7, 2017
tadalafil

Apotex Fails to Change FCA’s Opinion in Tadalafil Case

2016 FCA 267 - Apotex unsuccessfully sought to show that the FCA had erred in another decision by not following the SCC's decision in Whirlpool. Apotex also unsuccessfully argued that the FC had erred by finding the tadalafil patent to have sufficient disclosure.
October 24, 2017
ANDS

Federal Court Adjourns Motion for Confidentiality Order

2017 FC 548 - In this application for judicial review over s. 5 of the PM(NOC) Regulations, the FC agreed with the AG who argued that since another innovator also had patents listed on the Patent Register pertaining to products to which Innovator Company made comparisons, the other innovator was a necessary respondent to the application.
October 17, 2017
ANDS

U.S. Federal Circuit Deems Software Innovation is Patent-Eligible, But Not Infringed

2016 U.S. App. LEXIS 8699 (Fed. Cir. 2016) - The US CAFC reversed the decision of a district court in part, finding that the claims in a software patent were patent-eligible, and reversed the finding that the claims were anticipated, but affirmed the district court’s decision that there was no infringement.
October 10, 2017
insufficient disclosure

Federal Court of Appeal Upholds Finding of Insufficient Disclosure

2017 FCA 161 - The FCA dismissed Idenix's appeal to a FC decision in which Idenix's Canadian patent was found invalid for insufficient disclosure and its counterclaim against Gilead was dismissed.