A Swiss (trademark) Miss – Wenger’s Infringement and Passing Off Claims Dismissed
On March 24, 2016, Justice St-Louis dismissed Wenger’s application for trademark infringement against Travelway and passing off based on following registered trademarks... Read More
AstraZeneca’s Attempt to Vary Judgment Based on Subsequent Finding of Infringment Rejected
In 2012, Justice Hughes held that Apotex was entitled to section 8 damages by reason of AstraZeneca’s unsuccessful prohibition application in respect of... Read More
Need for the Court to make a proper determination weights heavily in Apotex’ motion for reply evidence
Background On November 10, 2015, Justice, Hughes dismissed Amgen’s application an Order preventing the Minister of Health from issuing a Notice of... Read More
Any publicly available teaching, no matter how obscure, is citable for obviousness – Court of Appeal
The Patent Act was amended in 1993 to to require that an invention cannot be obvious to the skilled person having regard to information that was... Read More
Court of Appeal narrows, but does not resolve, relevant date for assessing double patenting
On April 20, 2016 the Court of Appeal dismissed Mylan’s appeal of a prohibition Order in respect of Mylan’s proposed tadalafil product.... Read More
Expert blinding not determinative in ADDERALL XR prohibition application
On April 7, 2016., Justice Locke released his Judgment and Reasons in a prohibition application involving Shire, Apotex and the latter’s proposed... Read More
Strong Possibility of Future Drug Patent Infringement Survives Motion to Strike
On March 21, 2016, Justice Barnes dismissed an appeal of Prothonotary Tabib’s Order that refused to strike a pleading based in quia... Read More
Supreme Court of Canada To Hear AstraZeneca’s Esomeprazole Appeal
On March 10, 2016, the Supreme Court of Canada granted AstraZeneca’s application for leave to appeal the decision of the Federal Court... Read More
No Changing On the Fly – Court of Appeal Dismisses Substitutive Intervention in Hockey Skate Trade-Mark Dispute
In 2011, Easton requested that the Registrar of Trade-marks issue a section 45 notice requiring Bauer to show that they had used... Read More
New evidence establishes likelihood of confusion of NATURA mark
In September 2014, Home Hardware had unsuccessfully opposed the registration of Benjamin Moore’s BENJAMIN MORE NATURA marks on the basis of likelihood... Read More
Minor procedural mistake should be fixed, not fought
In Canadian Copyright Licensing Agency (Access Copyright) v. Alberta, 2015 FC 268, the Court of Appeal provided guidance on how parties should... Read More
Cinacalcet Compound Patent Obvious and Anticipated
In Amgen Canada v. Mylan Pharmaceuticals ULC, 2015 FC 1244, a prohibition application under the PM(NOC) Regulations, Justice Phelan recently held that... Read More
Costs of second tadalafil prohibition application against the same patent assessed at midpoint of column IV
As we previously reported here, Justice Gleason allowed Lilly’s prohibition application in respect of the Canadian Patent No. 2,226,784 with costs following... Read More
Relitigation is not an abuse of process where first decision is under appeal
On September 11, 2015, Justice Gleason released her public Judgment and Reasons in a prohibition application involving Apotex and Canadian Patent No. 2,379,948... Read More
Shakin’ all over – Copyright Claim for Blurry Seismic Data Survives Summary Judgment
In Geophysical Services Incorporated v. Atrim Energy, the Court of Queen’s Bench of Alberta considered Atrim’s motion for a summary dismissal of... Read More
Inventive concept need not be coterminous with promised utility
On July 6, 2015 the Federal Court of Appeal released it decision on AstraZeneca’s appeal of Justice Rennie’s decision holding that the... Read More
Listing requirements of PM(NOC) Regulations amended
On July 1, 2015, the Federal government published amendments to the Patented Medicines (Notice of Compliance) Regulations. The amendments, effective as of... Read More
Federal Court rejects overarching promise of utility for iron chelation patent
On June 19, 2015 Justice O’Reilly issued reasons in a prohibition application under the PM(NOC) Regulations. Novartis had sough a prohibition Order... Read More
Third time’s a charm? Court twice refuses to accept non-compliant memorandum of fact and law
On May 22, 2015, Leo Pharma Inc. attempted to file a memorandum of fact and law that exceeded 30 pages in a... Read More
Court of Appeal primes Supreme Court of Canada to revisit appellate review of claim construction and prohibition against methods of medical treatment
On May 4, 2015, the Federal Court of Appeal released its Reasons for Judgment in an appeal in a prohibition application involving... Read More
Failure to address all art cited in NOA sinks ciclesonide prohibition application
On May 1, 2015, Justice O’Reilly dismissed a prohibition application brought by Takeda against Apotex involving the drug ciclesonide. The application involved... Read More
Government publishes proposed amendments to patent listing requirements for combination drug products
On May 2, 2015, the federal government published proposed amendments to the Patented Medicines (Notice of Compliance) Regulations. As we previously blogged... Read More
VIAGRA blue diamond trade-mark not distinctive – Federal Court
On April 20, 2015 Justice Russell released his Judgment and Reasons in a trademark matter involving Pfizer’s attempt to register trade-mark application... Read More
Compound patent is not listable against fixed dose combination – Federal Court of Appeal
On April 15, 2015, the Federal Court of Appeal dismissed ViiV’s appeal of the Judgment of Justice Hughes that had held that Canadian... Read More
6(5)(b) motion successful where Applicant’s evidence incapable of establishing infringement
On March 26, 2015, Prothonotary Lafrenière granted Pharmaceutical Partners of Canada’s motion to dismiss Bayer’s prohibition application in respect of Canadian Patent... Read More