PCK

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 […]
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. […]
October 18, 2013

FCA Upholds Trial Judge Finding on Obviousness

Teva Canada Limited v Novartis Pharmaceuticals Canada Inc, 2013 FCA 244. Background Teva appealed a judgment of Justice Hughes(2012 FC 283) where a prohibition order was […]
October 18, 2013

FC refuses to use s. 52 of the Patent Act to Amend a Patent

F Hoffmann-La Roche AG v Commissioner of Patents, 2013 FC 1001.   Background This is an application for an order pursuant to s. 20 of the […]
October 18, 2013

FC Judge Utilizes File Wrapper to Construe Claims

Distrimedic Inc v Dispill Inc. 2013 FC 1043  Background  The patent at issue is Canadian Patent No. 2,207,045. The product is a kit for the manufacture […]
October 8, 2013

FC Invalidates Novartis Patent for Being Unpatentable Subject Matter (Affirmed on Appeal)

Novartis Pharmaceuticals Canada Inc. v Cobalt Pharmaceuticals Company [2013 FC 985] Affirmed on Appeal [2014 FCA 17] Background This is an application under the NOC regulations […]
October 2, 2013

Technology Dominates Interbrand’s Best Global Brands 2013

Interbrand released its annual Best Global Brands ranking for 2013 on September 30, 2013. The report, whose methodology is described here, proves once again that brands […]
October 2, 2013

PAB Holds Computer-Implemented Method of Fraud Detection Is Not Statutory Subject Matter

Re. Patent Application No. 2,144,068, CD 1339 This decision was a review by the Patent Appeal Board of the Examiner’s final rejection in respect of Canadian […]