Blog

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 […]
October 2, 2013

PAB Refuses Patent for Distributed Content Electronic Commerce for Obviousness

Re Patent Application 2,222,229 [CD 1341]   Background The PAB dealt with a Final Action on patent application number 2,222,229 which was entitled “SYSTEM AND METHOD FOR […]
October 1, 2013

PAB Applies AZT finds that inventor could not soundly predict utility throughout entire claimed range

Re: Patent Application No. 2,248,228  [CD 1340] Background The Commissioner of Patents reviewed the decision of the PAB relating to patent application 2,248,228 entitled ‘METHOD OF […]
October 1, 2013

PAB Holds Computer-Implemented Method of Standardizing Bills of Resources Not Patentable Subject Matter

Re. Patent Application No. 2,304,195, CD 1338 This decision was a review by the Patent Appeal Board (PAB) of the final rejection of patent application no. […]
October 1, 2013

PAB Declares Patent Invalid on Basis of Obviousness, Lack of Inventiveness, and for Having an Indefinite Scope

Re: Patent Application No. 2,285,834 [CD 1337] Background The Patent application 2,285,834 was filed on October 13, 1999 based on a US priority application no. 09/182,020 filed on […]
September 30, 2013

FCA Upholds Trial Judge Decision in Eurocopter.

Bell Helicopter Textron Canada Limitee v Eurocopter [2013 FCA 219] Background  In the Federal Court decision Eurocopter v Bell Helicopter Textron Canada Limitee [2012 FC 113] […]
September 20, 2013

Brushpoint Innovations Inc. Found not to have Breached Settlement Agreement by Purchasing and Selling Outside of the Jurisdiction Covered by the Settlement Agreement

The Procter & Gamble Company, Procter & Gamble Inc. v Brushpoint Innovations Inc. [2013 ONSC 5747]   Background In the fall of 2012 the applicants sued […]
September 16, 2013

Apotex’s Unjust Enrichment Claim Fails Based Upon Operation of the PM(NOC) Regulatory Regime

Apotex Inc. v Abbot Laboratories Ltd. Takeda Pharmaceuticals Company Ltd. And Takeda Pharmaceuticals America Inc.  2013 ONCA 555   Apotex appealed the dismissal of its unjust […]
September 16, 2013

FC Holds Two ABB Electro-Mechanical Patents Obvious in View of State of the Art

ABB Technology AG et al. v. Hyundai Heavy Industries Co., Ltd.- 2013 FC 947 This action relates to the alleged infringement of two patents held by ABB  […]
August 21, 2013

FC Clarifies “Duty of Candor” in Canadian Patent Prosecution Practice

Varco Canada Ltd. et al v. Pason Systems Inc. et al – 2013 FC 750 This action relates to the infringement of Varco’s Canadian Patent No. […]
August 14, 2013

FC Holds the Liability Phase of a Bifurcated Trial Is Concluded Even If Judge Defers Deciding Some Liability Issues to the Quantification Phase

Eli Lilly Canada Inc. v. Novopharm Limited – 2013 FC 677 Per Prothonotary Tabib: In this motion Teva sought to amend its Statement of Defence and […]
July 29, 2013

FCA Upholds the Plavix Patent, Reverses Lower Court’s “Promise of Patent” and “Obvious to Try” Analyses

Sanofi-Aventis v. Apotex Inc. – 2013 FCA 186 Per Pelletier J.A. (Noel J.A. concurring): Apotex attempted to market a generic version of clopidogrel bisulfate (clopidogrel), sold […]
July 24, 2013

FC Dismisses Roche’s Prohibition Application, Holds Apotex’s Allegations Are Justified that Patent Covering VALCYTE Is Anticipated and Obvious

Hoffman-La Roche Limited v. Apotex Inc., 2013 FC 718 In this application brought under the PM(NOC) Regulations Roche sought to prohibit the Minister of Health from […]
July 22, 2013

FC Rules Non-Infringing-Alternative Defence Does Not Impact the Calculation of Damages

Merck & Co., Inc. v. Apotex Inc. – 2013 FC 751 This action involved determining the quantum of damages to be awarded to Merck for infringement […]