Validity

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
PMPRB

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
PMPRB

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
PMPRB

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 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.
August 8, 2017

IPTV case shows that Interpretation of IT Patents may be 0’s or 1’s

2017 FC 6 - MediaTube brought allegations of infringement against Bell over one of its IT patents, asserting that Bell had infringed the patent with Bell’s IPTV services. The FC deemed the patent to be valid, but not infringed. Costs were decided in Bell’s favour and elevated to reflect the punitive damages claimed by MediaTube and the weak argument they had put forth.
June 30, 2017

Canada’s Supreme Court Abolishes Controversial “Promise Doctrine”

2017 SCC 36 - The Supreme Court of Canada struck down the “promise doctrine” of Canadian patent law in favour of merely requiring a single use related to the nature of the subject-matter of the invention having a scintilla of utility.
June 27, 2017

ICSID Tribunal dismisses Eli Lilly’s NAFTA claim against Canada

Case No. UNCT/14/2 - An ICSID Tribunal dismissed Eli Lilly’s claim against Canada, which was brought in relation to two Canadian patents owned by Eli Lilly that had been invalidated for failing to provide the utility they promised.