Blog

January 27, 2014

FCA upholds “other” Viagra patent decision

Pfizer Ireland Pharmaceuticals v Apotex Inc. [2014 FCA 13] Background This is an appeal of the summary judgment decision of Justice Zinn where he declared a […]
January 23, 2014

Human Antibody Patent Upheld at FC

AbbVie Corporation v Janssen Inc. [2014 FC 55]   Background The action is in respect of a patent directed to human antibodies capable of binding a […]
January 7, 2014

Alcon’s Opthalmic Solution Patent Ruled Invalid in NOC Proceeding

Alcon Canada Inc. v Apotex Inc. [2012 FC 410]   Background The patent at issue is Canadian Patent 2,195,094. The patent is for a topical ophthalmic […]
January 7, 2014

FC Allows Application in Part – Prevents NOC from Issuing

Gilead Sciences Inc. v Canada (Health) [2013 FC 1270] Bristol-Myers Squibb v Canada(Health) [2013 FC 1271] Gilead Sciences Inc. v Canada(Health) [2013 FC 1272]   Background […]
January 7, 2014

Prothonotary Order Upheld – sur-reply not available to Apotex

Pfizer Canada Inc. v Apotex Inc. [2013 FC 1249]   Background This is an appeal of an order by Prothonotary Aalto denying the applicants request to […]
January 6, 2014

Partial Reversal of Evidence Leads to Complicated Evidence Issues

Allergan Inc. v Canada (Health), [2013 FC 1165]   Background The decision is related to a motion pursuant to Rule 312 of the Federal Courts Rules […]
December 23, 2013

PAB Allows Application Despite Examiner’s Rejection Based upon Unpatentable Subject Matter

Re. Patent Application 2,333,184 CD 1345   Background   The patent application at issue is for an automated method of classifying or sorting plant embryos of […]
December 23, 2013

PAB Rejects Application for Obviousness

Re. Patent Application 2,223,198 CD 1344   Background   Patent application 2,223,198 is for a nutritional composition that has successfully caused Chrohn’s disease to go into […]
December 23, 2013

PAB Rejects Patent for Method of Medical Treatment

Re. Application 2,365,923 CD 1343 Background The Application is for a patent for the use of a drug to treat patients suffering from a rare genetic […]
December 23, 2013

PAB Allows Patent Application Provided Amendments Made

Re: Patent Application 2,237,960 CD 1342   Background The application relates to the manufacture of precipitated calcium carbonate from impure calcium oxide.   On 17th of […]
December 23, 2013

FC Changes Approach to Double Ramp Up

Apotex Inc. v Takeda Canada Inc. 2013 FC 1237   Background This is an application under section 8 of the PM(NOC) process dealing with lost revenue […]
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 to […]
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 […]