Pharmaceutical Patent

March 9, 2020
Photograph of an IV drip delivering a pharmaceutical to a patient in a hospital.

Contested Remicade Patent Will Head Back to Court in June

2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.
November 25, 2019
Pharmacist in a white lab coat, holding bottles of pharmaceuticals.

Patent Strategy & Potential Changes to Patented Medicine Regulations & Drug Pricing Legislation

The rising cost of patented medicines is an important topic in the United States and Canada. In the United States, the White House is promising to...
October 4, 2019
Stethoscope and a smartphone. Healthcare

Disruptions to the Healthcare Industry: 5 Takeaways From the 2019 Waterloo Innovation Summit

At the 2019 Waterloo Innovation Summit, global thought leaders discussed oncoming disruptions to healthcare and challenges faced by healthtech start-ups.
September 20, 2019
Macro (close-up) photo of a hazel coloured human eye, eyelashes, and eyelid.

Allergan’s Glaucoma Patents Saved by “Wherein” Clauses

CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
August 30, 2019
Woman rubs medicinal cream on her skin

Canadian Drug Pricing Regulator Ordered to Reconsider Differin

2019 FCA 196 – In an ongoing dispute between the PMPRB and Galderma, the FCA says the drug pricing regulator erred in its interpretation of the law.
July 2, 2019
Vials containing pharmaceuticals (drugs)

Oxymorphone Patent Is Not Obvious, Federal Circuit Confirms

CAFC confirms that an invention is only obvious and ineligible for a patent where a skilled person would have had a “reasonable expectation of success.”
June 4, 2019
Pharmaceutical research

When Can New Uses for Known Drugs Be Patented?

Fed. Cir., 2018-1434 - CAFC clarifies the test for obviousness where the invention claims a use of a known drug.
April 4, 2019

Actions Under Old PM(NOC) Regime Not Automatically Applicable to the New

2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.
October 11, 2018

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
June 27, 2018
accounting

Defendants Are Not Entitled to Elect Accounting of Profits

2018 FCA 32 - The FCA dismissed Apotex’s appeal challenging the remedial decision, regarding Bayer's Canadian Patent No. 2,382,426, holding that subsection 57(1) of the Patent Act did not grant a defendant in a patent infringement suit the right to choose an accounting of profits over damages to be paid to the patentee.