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
Prohibition application against gliclazide modified release tablets dismissed
On February 16, 2015, Mr. Justice Roy released his public Judgment and Reasons in a prohibition application involving Servier, Apotex and a... Read More
Multiple obvious paths still obvious – Federal Court
On February 26, 2015 Justice Barnes released his public reasons dismissing the second of Janssen’s prohibition applications in respect of Teva’s generic... Read More
Speculative theory of infringement sinks tadalafil prohibition application
On February 23, 2015 Justice de Montigny released his public reasons in a third prohibition application involving Eli Lilly and Mylan in... Read More
Court rejects the notion of the person skilled in the art of the claim
On November 27, 2014, Justice Barnes dismissed the first of two of Janssen’s prohibition applications in respect of Teva’s generic version of... Read More
Clean sweep for Mylan in low-dose tadalafil NOC application
On February 2, 2015 Justice de Montigny released his Judgment and Reasons in a second prohibition application started by Eli Lilly involving... Read More
“URBAN PLANET” and “PLANET”: A trade-mark dispute that was out of this world
On December 19, 2014, Justice Boswell of the Federal Court released the judgment and reasons in Jacques Vert Group Limited (“JVG”) v.... Read More
Don’t fence me in: specific treatment regimens are not methods of medical treatment
On December 22, 2014, Justice Kane of the Federal Court of Canada concluded that AbbVie’s Canadian Patent Application No. 2,385,745 was not... Read More
An Invitation to Attend (From the land of 10,000 lakes)
On January 7, 2015, Justice Stewart of the Ontario Superior Court of Justice, released her endorsement in Arctic Cat Inc. et al.... Read More
Tobacco packaging trade-mark goes up in smoke
On December 18, 2014, Justice Bédard of the Federal Court, released her judgment and reasons in Philip Morris Products S.A. v. Imperial... Read More
Seeking to Intervene? Proceed Quickly with Unique and Valuable Insights or Else
On February 2, 2015, Justice Stratas released his reasons for dismissing Canada’s Research Based Pharmaceutical Companies (“Rx&D”) motion for leave to intervene... Read More
Cross-referenced drug submissions must still address listed patents – Federal Court
On December 19, 2014 Justice Gleason released her Judgment and Reasons in a judicial review application brought by Pfizer seeking to quash... Read More
The Second Person’s Burdens (with apologies to Rudyard Kipling)
On January 9, 2015, the Federal Court of Appeal released Reasons for Judgment dismissing an appeal brought by Merck and BMS from... Read More
Duelling dentists: to invalidate a trade-mark you need evidence
Ocean Park is a neighbourhood in South Surrey, British Columbia. Dr. Cragg’s business had used the trade-name “Ocean Park Dental Centre” in... Read More
Proper date for assessing double patenting is the priority date of the earlier patent – Federal Court
On January 7, 2015, Justice De Montigny released the public Judgment and Reasons in a prohibition application under the Patented Medicines (Notice of... Read More
Injunction denied for failing to identify misused confidential information
In JTT Electronics Ltd. v. Farmer, the plaintiffs sought interlocutory injunctions to prohibit former employees from using their confidential information. The application... Read More
Lights Out: Interlocutory Injunction Forces Neon Sign Company to Change Name
On November 17, 2014, Justice Macintosh of the Supreme Court of British Columbia granted an interlocutory injunction that prevents the Defendants from... Read More
New Evidence Ices Diamond Trade-Mark Registration
On December 2, 2014 Justice Kane of the Federal Court of Canada overturned a decision of the Trade-Marks Opposition Board and held... Read More
“If I Can’t Have it, No One Can” Argument Raised Too Late
On October 14, 2014, Justice Mactavish of the Federal Court of Canada dismissed an application for judicial review of a Trademarks Opposition... Read More
A Light at the End of the Tunnel: Apotex Entitled to Damages for Non-Canadian Reference Product Test Case
On November 18, 2014, Justice Hughes of the Federal Court of Canada found the Crown liable in tort for damages to Apotex... Read More
That is Going to Cost You: Willful Infringement of Trade-mark and failure to participate in Court proceeding results in cost sanctions
On October 24, 2014, Justice Noël of the Federal Court, released the Reasons for Judgment on a motion for default judgment in... Read More
Threatening sanctions without a legal basis
The Denturist Association of Canada’s (“DAC”) five digit procedure codes are licensed to its provincial associations (including the Denturist Association of Ontario... Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety... Read More
Relief or Relapse? Federal Court of Appeal orders re-trial of STELARA infringement case
The Federal Court of Appeal has remitted the infringement and validity action regarding AbbVie’s Canadian Patent No. 2,365,281 and Janssen’s drug STELARA... Read More