Patent

October 11, 2018
CSP

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
October 3, 2018
CSP

Federal Court Clarifies its Position on Protective Orders

2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018
CSP

Federal Court Dismisses Motion for Early Dismissal of Action Brought Under the New PM(NOC) Regulations

2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.
September 20, 2018
CSP

Defence of Prior Disclosure Needs Material Facts

2018 FC 689 – Federal Court confirms that material facts must be pleaded in order to succeed with defence of prior disclosure.
September 13, 2018
CSP

Canada’s Federal Court Orders Variation of the Records of the Patent Office to Rectify Mistake in Application

2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.
August 14, 2018
3rd edition

Canadian Patent Law, 3rd Edition Book Launch

PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.
July 24, 2018
CSP

FCA Affirms Patent Application is “Dead” Following Failure to Respond to Requisition

2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.
July 10, 2018
CSP

Federal Court of Appeal Provides Further Guidance on Obviousness

2017 FCA 225 - Federal Court of Appeal upheld the trial level decision invalidating Ciba's Canadian patent for obviousness, and elaborated on the obviousness inquiry, endorsing an approach that focuses on construing the claims rather than identifying the inventive concept.
June 27, 2018
accounting

Defendants Are Not Entitled to Elect Accounting of Profits

2018 FCA 32 - The FCA dismissed Apotex’s appeal challenging the remedial decision, regarding Bayer's Canadian Patent No. 2,382,426, holding that subsection 57(1) of the Patent Act did not grant a defendant in a patent infringement suit the right to choose an accounting of profits over damages to be paid to the patentee.
May 24, 2018
CSP

Federal Court Rejects PMPRB’s Approach to “Invention Pertains to Medicine” Analysis

2017 FC 1023 - The FC quashed a decision of the PMPRB, reasoning that the PMPRB failed to apply the correct test: reviewing the patent as a whole and determining what the invention was.