PCK Reporter

November 28, 2013

Federal Court Clarifies Cost Awards

Apotex Inc. v. H. Lundbeck A/S [2013 FC 1188] Background Apotex was the losing party in an impeachment trial of Lundbeck’s Canadian Patent 1,339,452 in which Lundbeck […]
November 26, 2013

FCA Declines to Reconsider Recent Bell Helicopter Decision

Bell Helicopter Textron Canada Limitee v Eurocopter, 2013 FCA 261  Background The Federal Court of Appeal declined a motion under Rule 397 of the Federal Court […]
November 7, 2013

Twitter SEC Filing Reveals Issues Faced by all High-Tech Companies

SEC Filing Background Twitter’s SEC filing for their initial public offering (IPO) were recently released. Within the filing there are several interesting issues related to their […]
October 31, 2013

Bill C-8 – Important Changes to the Trade-Mark Act

Background The Federal Government has recently tabled Bill C-8 entitled An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments […]
October 29, 2013

Rejection of Motion to Strike Dismissed on Appeal

Teva Canada Limited v Pfizer Canada Inc. [2013 FC 1066]   Background The present action is pursuant to s. 8 of the PM(NOC) Regulations for damages […]
October 29, 2013

Subject Matter, Obviousness, Double Patenting and Sound Prediction all Issues in Recent FC Case

Bayer Inc. v Cobalt Pharmaceuticals Company [2013 FC 1061]   Background This proceeding is an application under the NOC regulations by Bayer seeking a prohibition order […]
October 24, 2013

Canada Reaches Trade Agreement with Europe

Summary Canada and the EU have signed a Comprehensive Economic and Trade Agreement (CETA). The agreement includes potential changes to the Canadian pharmaceutical industry. The most […]
October 24, 2013

House of Representatives Tackles Patent Trolls with The Innovation Act of 2013

Summary A new bill (H.R. 3309) was introduced entitled The Innovation Act of 2013. The bill is cosponsored by Howard Coble (R-N.C.) the chairman of the […]
October 24, 2013

FC and FCA Clarify Issues with Respect to Cost Awards

Mylan Pharmaceuticals ULC v Bristol-Myers Squibb Canada Co. [2013 FCA 231] Background This is an appeal of a cost award from a Judgment of Justice Barnes […]
October 22, 2013

Reversal Orders – More Trouble Than They are Worth

Pfizer Canada Inc. v Apotex Inc., [2013 FC 1036]   Background This is a decision of Prothonotary Aalto dealing with the consequence of a reversal order. […]