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January 24, 2022

Photo of a pharmacist holding out a yellow pill in one hand and a white pill in another hand. A patient reaches for the yellow pill.

January 24, 2022

Teva Blocks Competitor With Patent for 40 mg/mL Dose of Copaxone®

Outside Canada, Teva’s Copaxone® 40mg/mL dosing patents have been invalidated for obviousness, making way for generic competitors.

October 10, 2017

Federal Court of Appeal Upholds Finding of Insufficient Disclosure

2017 FCA 161 - The FCA dismissed Idenix's appeal to a FC decision in which Idenix's Canadian patent was found invalid for insufficient disclosure and its counterclaim against Gilead was dismissed.

January 10, 2017

PAB Finds Proposed Amendments Overcome Defects in Stabilized Alpha Helical Peptides Application

PAB 1393 - The Patent Appeal Board found that Canadian Patent Application No. 2,544,223, entitled “Stabilized Alpha Helical Peptides and Uses Thereof” lacked utility, lacked sufficient disclosure, was obvious, and included indefinite claims.

April 5, 2016

Strike Two: Second Prohibition Application Regarding Mylan’s Proposed Tadalafil Tablets Denied

2015 FC 125 - The existing patent was invalid on the grounds of lack of utility for having made a promise of utility that could not be demonstrated nor soundly predicted, was anticipated by a previous patent of the applicant that claimed an overlapping dosage range, and was also therefore made obvious by the same previous patent.

September 9, 2015

The Word “will” can Indicate a Patent Promise, not an Expectation

AstraZeneca Canada Inc v Apotex Inc, 2015 FCA 158 - The FCA acknowledged that the word “will” often refers to an expectation or goal rather than a promise, but still held that the FC did not err in finding that a promise was made when reading the patent as a whole from the eyes of a skilled reader.

March 3, 2015

Physical Stability Experiments did not Adequately Demonstrate or Soundly Predict Utility for Overbroad Eye Drop Patent

Alcon Canada Inc v Cobalt Pharmaceuticals Company, 2014 FC 149 - The Court examined in detail a number of experiments disclosed in the patent that were said to establish the claimed utility, but the experiments did not demonstrate or soundly predict utility for the broad ranges of molecular weight and chemical concentration claimed.

July 31, 2014

Federal Court Prohibited Issuance of a NOC for Generic Version of Lumigan

Allergan Inc v Apotex Inc, 2014 FC 567 - In terms of claim construction, this case shows the tension between construing claims based solely on the wording of the claims versus peering beyond the wording of the claims to distill an underlying invention.

October 29, 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 […]

Sound Prediction

Teva Blocks Competitor With Patent for 40 mg/mL Dose of Copaxone®

Federal Court of Appeal Upholds Finding of Insufficient Disclosure

PAB Finds Proposed Amendments Overcome Defects in Stabilized Alpha Helical Peptides Application

Strike Two: Second Prohibition Application Regarding Mylan’s Proposed Tadalafil Tablets Denied

The Word “will” can Indicate a Patent Promise, not an Expectation

Physical Stability Experiments did not Adequately Demonstrate or Soundly Predict Utility for Overbroad Eye Drop Patent

Federal Court Prohibited Issuance of a NOC for Generic Version of Lumigan

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

PAB Applies AZT finds that inventor could not soundly predict utility throughout entire claimed range

PAB Clarified Sound Prediction and Functional Claim Drafting

FC Invalidates Four of the GLEEVEC Patent Claims for Inutility Due to Lack of Sound Prediction

PM(NOC): Notice of Allegation Against the LYRICA Patent Upheld on Grounds of Insufficiency and Inutility for Lack of Sound Prediction