Patents

Case summaries and articles about  patents.

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 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

Uncontested S. 52 Application to Add True Inventors to and Remove Mis-named Inventors from the Patent Office Records

Segatoys Co., Ltd. v. Canada (Attorney General), 2013 FC 98 Segatoys applied under section 52 of the Patent Act for an order amending the named inventors […]
February 4, 2013

Breach of Timely Notice Requirement Does Not Deprive Licensee from Patent Infringement Defence and Indemnity under Software Licensing Agreement

Coastal Contacts Inc. v. Elastic Path Software Inc., 2013 BCSC 133 Overturned on Appeal [2013 BCCA 541] Elastic Path and Coastal Contacts entered into a Software […]
January 31, 2013

Rule 210 Motion for Default Judgment Requires Affidavit Evidence Directed to the Substance of the Statement of Claim

Monsanto Canada Inc. v. Verdegem, 2013 FC 50 Monsanto commenced an action for infringement of its patent covering genetic material found in plant seeds. Verdegem was […]
January 29, 2013

PM(NOC): Application for Prohibition Is Moot after NOA Is Withdrawn

Eli Lilly Canada Inc. v. Teva Canada Limited – 2013 FC 28 This application was brought by Eli Lilly Canada under the PM(NOC) Regulations, seeking an […]
January 29, 2013

The Minister of Health May Reconsider Issuing a NOC for an Application on Patent Hold

Apotex Inc. v. Canada (Health), 2012 FCA 322 Apotex commenced an application for judicial review of the Minister of Health’s treatment of its submission for a […]
January 22, 2013

FCA Clarifies Prior Disclosure and the “Obvious to Try” Analysis

Wenzel Downhole Tools Ltd. v. National-Oilwell Canada Ltd., 2012 FCA 333 Per Gauthier J.A. (Nadon J.A. concurring): This was an appeal from the Federal Court decision […]