patented medicines

May 24, 2018
prior disclosure

Federal Court Rejects PMPRB’s Approach to “Invention Pertains to Medicine” Analysis

2017 FC 1023 - The FC quashed a decision of the PMPRB, reasoning that the PMPRB failed to apply the correct test: reviewing the patent as a whole and determining what the invention was.
October 31, 2017
prior disclosure

Federal Court Affirms Price Regulation Schemes are intra vires

2016 FC 716 - The AG was successful in bringing a motion to strike Alexion's constitutional challenge to the patented medicines price regulation scheme in the Patent Act. The motion was brought on the ground that the application was bereft of any chance in light of a line of jurisprudence, which had fully and finally determined that these sanctions are intra vires and constitutional.