Blog

February 25, 2013

FCA Clarifies Test for Production of Samples under Rule 249 of the Federal Court Rules

Apotex Inc. v. Eli Lilly Canada Inc., 2013 FCA 45 This was an appeal by Apotex from a FC decision upholding the order of Prothonotary Aronovitch […]
February 21, 2013

Divided FCA Denies Data Protection for THALOMID

Canada (Health) v. Celgene Inc., 2013 FCA 43 This was an appeal from a Federal Court decision granting Celgene’s application for judicial review and quashing the […]
February 21, 2013

ONSC Refuses to Strike Apotex’s Claim that It Has Lost Some of its S. 8 Claims Against the Brands Because the Minister of Health Improperly Delayed Issuing its NOCs

Apotex Inc. v. Canada, 2013 ONSC 986 This motion was brought pursuant to rule 21.01(1)(b) and (3)(d) and rules 25.06(1) and 25.11 of the Rules of […]
February 11, 2013

PM(NOC): Notice of Allegation Against the LYRICA Patent Upheld on Grounds of Insufficiency and Inutility for Lack of Sound Prediction

Pfizer Canada et al. v. Pharmascience Inc., 2013 FC 120 Pfizer brought an application under the PM(NOC) Regulations to prohibit the Minister of Health from issuing […]
February 7, 2013

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February 7, 2013

Uncontested S. 52 Application to Add True Inventors to and Remove Mis-named Inventors from the Patent Office Records

Segatoys Co., Ltd. v. Canada (Attorney General), 2013 FC 98 Segatoys applied under section 52 of the Patent Act for an order amending the named inventors […]
February 4, 2013

Breach of Timely Notice Requirement Does Not Deprive Licensee from Patent Infringement Defence and Indemnity under Software Licensing Agreement

Coastal Contacts Inc. v. Elastic Path Software Inc., 2013 BCSC 133 Overturned on Appeal [2013 BCCA 541] Elastic Path and Coastal Contacts entered into a Software […]
January 31, 2013

Rule 210 Motion for Default Judgment Requires Affidavit Evidence Directed to the Substance of the Statement of Claim

Monsanto Canada Inc. v. Verdegem, 2013 FC 50 Monsanto commenced an action for infringement of its patent covering genetic material found in plant seeds. Verdegem was […]
January 29, 2013

PM(NOC): Application for Prohibition Is Moot after NOA Is Withdrawn

Eli Lilly Canada Inc. v. Teva Canada Limited – 2013 FC 28 This application was brought by Eli Lilly Canada under the PM(NOC) Regulations, seeking an […]
January 29, 2013

Data Protection: an Enantiomer of a Previously-Approved Racemic Mixture Is Automatically a “Variation”

Takeda Canada Inc. v. Canada (Health) – 2013 FCA 13 Takeda Canada appealed from the Federal Court’s decision dismissing Takeda's application for judicial review of a […]
January 29, 2013

The Minister of Health May Reconsider Issuing a NOC for an Application on Patent Hold

Apotex Inc. v. Canada (Health), 2012 FCA 322 Apotex commenced an application for judicial review of the Minister of Health’s treatment of its submission for a […]
January 22, 2013

FCA Clarifies Prior Disclosure and the “Obvious to Try” Analysis

Wenzel Downhole Tools Ltd. v. National-Oilwell Canada Ltd., 2012 FCA 333 Per Gauthier J.A. (Nadon J.A. concurring): This was an appeal from the Federal Court decision […]
January 22, 2013

No Equitable Disgorgement of a Pharma Innovator’s Profits in Ontario, Absent a Cause of Action Independent of the Operation of s. 8 of the PM(NOC) Regulations

Apotex Inc. v. Abbott Laboratories Limited, 2013 ONSC 356 In this case, Apotex claimed damages against Abbott Laboratories and Takeda Pharmaceuticals based on unjust enrichment. On […]
January 22, 2013

Rule 21 Motion to Strike a Statement of Claim and Exceptions to Patent Infringement

Allergan Inc. v. Apotex Inc., 2012 ONSC 398 Apotex moved to strike Allergan’s Statement of Claim which alleged that Apotex infringed its patents covering the compound […]
January 17, 2013

Privacy Limits to Mutual Legal Assistance in Prosecuting Criminal Copyright Infringement

Canada (United States of America) v. Equinix Inc., 2013 ONSC 193 This was an application by the Attorney General of Canada on behalf of the United […]
January 7, 2013

Knowing Assistance in the Context of Patent Procurement

Geographic Resources Integrated Data Solutions v. Peterson, 2012 ONSC 7182 This is an appeal from a Master’s decision dismissing the plaintiffs’ motion to file an Amended […]
January 7, 2013

Challenges to Patents Based on the Statute of Monopolies

Apotex Inc. v. Warner-Lambert Company, 2012 FCA 323 The appellant had brought an application in the Federal Court seeking a declaration that the respondent’s patents 341,330 […]