Patents

Case summaries and articles about  patents.

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PM(NOC): Application for Prohibition Is Moot after NOA Is Withdrawn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 […]
January 22, 2013

No Equitable Disgorgement of a Pharma Innovator’s Profits in Ontario, Absent a Cause of Action Independent of the Operation of s. 8 of the PM(NOC) Regulations

Apotex Inc. v. Abbott Laboratories Limited, 2013 ONSC 356 In this case, Apotex claimed damages against Abbott Laboratories and Takeda Pharmaceuticals based on unjust enrichment. On […]
January 22, 2013

Rule 21 Motion to Strike a Statement of Claim and Exceptions to Patent Infringement

Allergan Inc. v. Apotex Inc., 2012 ONSC 398 Apotex moved to strike Allergan’s Statement of Claim which alleged that Apotex infringed its patents covering the compound […]
January 7, 2013

Knowing Assistance in the Context of Patent Procurement

Geographic Resources Integrated Data Solutions v. Peterson, 2012 ONSC 7182 This is an appeal from a Master’s decision dismissing the plaintiffs’ motion to file an Amended […]
January 7, 2013

Challenges to Patents Based on the Statute of Monopolies

Apotex Inc. v. Warner-Lambert Company, 2012 FCA 323 The appellant had brought an application in the Federal Court seeking a declaration that the respondent’s patents 341,330 […]