Blog

April 19, 2013

CIPO’s Emphasis on the Problem-Solution Approach to Claim Construction Questionable in Canadian Jurisprudence

Examination Practice Respecting Purposive Construction – PN2013-02 Free World Trust and Whirlpool continue to guide the courts, with the benefit of expert testimony and cross-examination, to […]
March 28, 2013

PAB Applies Amazon.com, Finds Method for Updating Navigation Systems Installed in Vehicles Is Patentable Subject Matter

CD 1332, Re. Patent Application No. 2,195,252 entitled "System and Method for Distributing Information for Storage Media" This decision deals with a review by the Commissioner […]
March 28, 2013

PAB Confirms that under s. 47(1) It Is Not Necessary that the Invention Claimed in an Application for Reissue Relate to the Same Inventive Concept as the Issued Claims

CD 1330, Re. Patent No. 2,413,004 entitled "Self-Aligning Hitch" This recommendation deals with a review by the Commissioner of Patents of an application for reissue of […]
March 27, 2013

FC Rejects Ranbaxy’s Allegation that Astrazeneca’s Patent for Enteric Coating of Omeprazole Is Invalid for Obviousness

Astrazeneca Canada Inc. v. Ranbaxy Pharmaceuticals Canada Inc., 2013 FC 232 Astrazeneca brought an application under section 5 the PM(NOC) Regulations defending Canadian Patent No. 2,170,647 […]
March 26, 2013

Hughes J. Holds the Relevant Date for Assessing Sufficiency of a Canadian Patent Is the Date of Publication

Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2013 FC 283 Novartis brought two applications under the provisions of the PM(NOC) Regulations to restrain the Minister […]
March 15, 2013

ONSC Issues Reasons for Temporarily Staying Apotex’s Damages Action against Sanofi

Apotex Inc. v. Schering Corporation, 2013 ONSC 1411 Sanofi brought a motion for an order striking Apotex’s statement of claim, or in the alternative, a stay […]
March 15, 2013

FC Holds CIPRALEX Patent Is Valid, Apotex Must Account for Profits of Infringement

Apotex Inc. v. H. Lunbeck A/S, 2013 FC 192 Apotex sought a declaration of invalidity against Lundbeck’s Canadian patent 1,339,452 (‘452) covering the serotonin reuptake inhibitor […]
March 13, 2013

Ongoing Infringement Trial Not Grounds for ex turpi causa Argument to Delay Determination of s. 8 Damages under the PM(NOC) Regulations

AstraZeneca Canada Inc. v. Apotex Inc., 2013 FCA 77 AstraZeneca appeals the trial court’s decision in a proceeding commenced by Apotex under s. 8 of the […]
March 13, 2013

FC Finds Teva’s Allegation Justified that the SEROQUEL Patent is Obvious

AstraZeneca Canada Inc. v. Teva Canada Limited, 2013 FC 245 AstraZeneca seeks an order prohibiting the Minister of Health from issuing a Notice of Compliance to […]
March 4, 2013

FC Invalidates Four of the GLEEVEC Patent Claims for Inutility Due to Lack of Sound Prediction

Teva Canada Limited v. Novartis AG, 2013 FC 141 Novartis is the owner of Canadian Patent No. 2,093,203 (the '203 Patent) covering imatinib, the active ingredient […]
March 1, 2013

The Government Has Tabled Bill C-56, Combating Counterfeit Products Act

Today Ministers of Industry and Public Safety tabled Bill C-56, Combating Counterfeit Products Act. According to its summary, Bill C-56 amends the Copyright Act and the […]
February 27, 2013

Teva and Apotex’s Allegations, that the GLEEVEC Patent Is Invalid, Are Not Justified

Novartis Pharmaceuticals Canada Inc. v. Apotex Inc., 2013 FC 142 Novartis is the owner of Canadian Patent No. 2,093,203 (the '203 Patent) covering imatinib mesylate, the […]
February 27, 2013

Ont. Div. Ct. Reinforces Unavailability of Equitable Disgorgement under S. 8 of PM(NOC) Regs

Apotex Inc. v. Eli Lilly, 2013 ONSC 1135 (Div. Ct.) Lilly sought leave to appeal from a decision of Justice J. Macdonald of the Ontario Superior […]
February 25, 2013

FCA Upholds Order that Apotex Produce Escitalopram Samples

Apotex Inc. v. H. Lundbeck A/S, 2013 FCA 46 Apotex appealed from the FC order upholding the order of Prothonotary Tabib, who ordered Apotex to provide […]
February 25, 2013

FCA Upholds Order that Apotex Produce Esomeprazole Samples in Patent Infringement Case

Apotex Inc. v. Astrazeneca Canada Inc., 2013 FCA 47 Apotex is the defendant to an infringement action brought by AstraZeneca. In the course of that proceeding, […]
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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