Case summaries and articles about patents.
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August 2, 2016
August 2, 2016
2015 FC 959 - The Health Minister denied data protection for Cysview after finding it was not an “innovative drug”, and the FC indicated the scope of “innovative drug” does not extend to combinations of the enumerated variations of previously approved medicinal ingredients in the Regulations (salt, ester, enantiomer, solvate or polymorph).
May 6, 2016
May 6, 2016
2015 FC 875 - The FC noted that the law is unsettled when it comes to determining the appropriate date for assessing obvious-type double patenting.
April 26, 2016
April 26, 2016
We have prepared a guide that outlines the timelines and major spend points for two common patent filing strategies: a global patent filing and US-only patent filing.
April 22, 2016
April 22, 2016
2015 FC 997 - The FC found that the invention was merely to add a polymer to the slurry, which was known in the prior art, and to continue to do so until the slurry rigidified. The Court found this solution to be obvious to try, and sufficiently disclosed, even though the meaning of “rigidify” was never made clear.
April 22, 2016
April 22, 2016
2015 FC 1156 - The FC found that Idenix’s patent was invalid for a lack of utility, demonstrated or soundly predicted, and for insufficient disclosure.
April 11, 2016
April 11, 2016
2015 FC 570 - The FC favoured the respondent’s "blinded expert" evidence in which the experts provided their opinions before knowing what was claimed in the disputed patents.
February 26, 2016
February 26, 2016
The CAFC took issue with inconsistent statements between a provisional patent application and the subsequent formal patent and invalidated a number of the patent’s claims for being indefinite.
February 22, 2016
February 22, 2016
There are a lot of IP service providers out there. In this post I attempt to provide some guidelines for helping companies to assess IP counsel and choose the right one.
February 10, 2016
February 10, 2016
2015 FCA 171 - The FCA determined that it is relevant to damages whether the infringer had a non-infringing alternative that it could have used.
October 29, 2013
October 29, 2013
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 […]