Pharmaceutical Patent

Pharmaceutical inventions have been the subject of special provisions in the past, the likes of which have not been applied to other inventions. Furthermore, pharmaceuticals are the subject of much government regulation outside of the patent system.

October 29, 2013

Subject Matter, Obviousness, Double Patenting and Sound Prediction all Issues in Recent FC Case

Bayer Inc. v Cobalt Pharmaceuticals Company [2013 FC 1061] Background This proceeding is an application under the NOC regulations by Bayer seeking a prohibition order to […]
October 24, 2013

FC and FCA Clarify Issues with Respect to Cost Awards

Mylan Pharmaceuticals ULC v Bristol-Myers Squibb Canada Co. [2013 FCA 231] Background This is an appeal of a cost award from a Judgment of Justice Barnes […]
October 18, 2013

FC refuses to use s. 52 of the Patent Act to Amend a Patent

F Hoffmann-La Roche AG v Commissioner of Patents, 2013 FC 1001.   Background This is an application for an order pursuant to s. 20 of the […]
October 8, 2013

FC Invalidates Novartis Patent for Being Unpatentable Subject Matter (Affirmed on Appeal)

Novartis Pharmaceuticals Canada Inc. v Cobalt Pharmaceuticals Company [2013 FC 985] Affirmed on Appeal [2014 FCA 17] Background This is an application under the NOC regulations […]
September 16, 2013

Apotex’s Unjust Enrichment Claim Fails Based Upon Operation of the PM(NOC) Regulatory Regime

Apotex Inc. v Abbot Laboratories Ltd. Takeda Pharmaceuticals Company Ltd. And Takeda Pharmaceuticals America Inc.  2013 ONCA 555   Apotex appealed the dismissal of its unjust […]
July 29, 2013

FCA Upholds the Plavix Patent, Reverses Lower Court’s “Promise of Patent” and “Obvious to Try” Analyses

Sanofi-Aventis v. Apotex Inc. – 2013 FCA 186 Per Pelletier J.A. (Noel J.A. concurring): Apotex attempted to market a generic version of clopidogrel bisulfate (clopidogrel), sold […]
July 24, 2013

FC Dismisses Roche’s Prohibition Application, Holds Apotex’s Allegations Are Justified that Patent Covering VALCYTE Is Anticipated and Obvious

Hoffman-La Roche Limited v. Apotex Inc., 2013 FC 718 In this application brought under the PM(NOC) Regulations Roche sought to prohibit the Minister of Health from […]
July 3, 2013

In Echo of SCC’s Sildenafil Decision, the US CAFC Upholds Invalidation of Claims to a Family of Compounds for Non-enablement

Wyeth v. Abbot Labs (Fed. Cir. 2013) Wyeth appealed from the U.S. District Court for the District of New Jersey’s grant of summary judgment that claims […]
June 13, 2013

CIPO Reiterates Problem-Solution Approach in New Examination Practice Respecting Medical Uses

Effective June 10, 2013  PN2013-04 This Practice Notice builds upon the guidance in section 17.02.03 (Medical and surgical methods) of MOPOP and in PN 2013-02 (Examination […]
June 13, 2013

SCC Revises its Sildenafil Decision, Withdraws Holding that Pfizer’s Patent Is Void

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 […]