Case summaries and articles about patents.
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June 13, 2013
June 13, 2013
Teva Canada Limited v. Pfizer Canada Inc. (33951) The Supreme Court has revised its Sildenafil (Viagra) decision (2012 SC 60). The Court granted, in part, Pfizer’s […]
June 7, 2013
June 7, 2013
Apotex Inc. v. Abbott Laboratories, 2013 ONSC 2958 Apotex sought equitable disgorgement of profits of Abbott and Takeda, on the ground of unjust enrichment. Specifically, Apotex […]
June 7, 2013
June 7, 2013
Bayer Inc. v. Cobalt Pharmaceuticals, 2013 FC 573 Bayer sought an order prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) to Cobalt, […]
May 29, 2013
May 29, 2013
Apotex Inc. v Pfizer Canada Inc. – 2013 FC 493 Apotex claimed damages under s. 8 of the PM(NOC) Regulations on grounds that it incurred a […]
May 29, 2013
May 29, 2013
Link to the proposed amendments to the Patents Bill. Rather than excluding a computer program from being a patentable invention, the amendments clarify that a computer program […]
May 29, 2013
May 29, 2013
Link to full text of the proposed Act. The Patent Quality Improvement Act amends the Leahy-Smith America Invents Act to remove the eight-year sunset provision with respect […]
May 22, 2013
May 22, 2013
HTC v. Apple, [2013] EWCA Civ 451 (Court of Appeals of England and Wales) Per Kitchin L.J. (Richards L.J. concurring): This appeal was concerned with […]
May 3, 2013
May 3, 2013
Teva Canada Innovation v. Canada (Attorney General), 2013 FC 448 Teva asked the Court to set aside a decision of the Patented Medicine Prices Review Board […]
April 30, 2013
April 30, 2013
Re. Patent Application No. 592,567, CD 1303 The subject application was rejected by the Examiner under section 2 of the Patent Act for containing claims for […]
April 29, 2013
April 29, 2013
Re. Patent Application No. 2241368, CD 1333 The patentee submitted an application for reissue of Patent No. 2,241,368 pertaining to improvements in television receivers which provide […]
April 19, 2013
April 19, 2013
Parliament’s Standing Committee on Industry, Science and Technology has tabled a report titled “Intellectual Property Regime in Canada”. The Committee was chaired by David Sweet, M.P., […]
April 19, 2013
April 19, 2013
Examination Practice Respecting Computer-Implemented Inventions – PN 2013-03 These guidelines build upon the guidance in Chapter 16 (Computer-Implemented Inventions) of the MOPOP and in PN 2013-02 […]
April 19, 2013
April 19, 2013
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
March 28, 2013
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
March 28, 2013
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
March 27, 2013
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
March 26, 2013
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
March 15, 2013
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
March 15, 2013
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
March 13, 2013
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 […]