Patents

Case summaries and articles about  patents.

February 11, 2014

Federal Court Adopts a More Restrained Approach to Construing Promise of the Celebrex Patent

Pfizer Canada Inc. v. Mylan Pharmaceuticals ULC – 2014 FC 38 In this case Pfizer brought a prohibition application under the PM(NOC) Regulations to prevent the […]
January 30, 2014

Commissioner’s Decision Upheld on Judicial Review

University of California v Commissioner of Patents [2014 FC 80]   Background The Applicant – University of California – sought judicial review pursuant to s. 18.1 […]
January 27, 2014

FCA upholds “other” Viagra patent decision

Pfizer Ireland Pharmaceuticals v Apotex Inc. [2014 FCA 13] Background This is an appeal of the summary judgment decision of Justice Zinn where he declared a […]
January 23, 2014

Human Antibody Patent Upheld at FC

AbbVie Corporation v Janssen Inc. [2014 FC 55]   Background The action is in respect of a patent directed to human antibodies capable of binding a […]
January 7, 2014

Alcon’s Opthalmic Solution Patent Ruled Invalid in NOC Proceeding

Alcon Canada Inc. v Apotex Inc. [2012 FC 410]   Background The patent at issue is Canadian Patent 2,195,094. The patent is for a topical ophthalmic […]
January 7, 2014

FC Allows Application in Part – Prevents NOC from Issuing

Gilead Sciences Inc. v Canada (Health) [2013 FC 1270] Bristol-Myers Squibb v Canada(Health) [2013 FC 1271] Gilead Sciences Inc. v Canada(Health) [2013 FC 1272]   Background […]
December 23, 2013

PAB Allows Application Despite Examiner’s Rejection Based upon Unpatentable Subject Matter

Re. Patent Application 2,333,184 CD 1345   Background   The patent application at issue is for an automated method of classifying or sorting plant embryos of […]
December 23, 2013

PAB Rejects Application for Obviousness

Re. Patent Application 2,223,198 CD 1344   Background   Patent application 2,223,198 is for a nutritional composition that has successfully caused Chrohn’s disease to go into […]
December 23, 2013

PAB Rejects Patent for Method of Medical Treatment

Re. Application 2,365,923 CD 1343 Background The Application is for a patent for the use of a drug to treat patients suffering from a rare genetic […]
December 23, 2013

PAB Allows Patent Application Provided Amendments Made

Re: Patent Application 2,237,960 CD 1342   Background The application relates to the manufacture of precipitated calcium carbonate from impure calcium oxide.   On 17th of […]