A Promise Made…A Promise Kept: Federal Court of Appeal rejects claims that the Celecoxib patent lacks utility
On October 30, 2014, Justice Noël of the Federal Court of Appeal, released the Reasons for Judgment in Apotex Inc. v. Pfizer... Read More
Apotex barred from raising validity issues during assessment of damages
On September 16, 2014 Prothonotary Lafrenière dismissed Apotex’s motion for leave to file an amended Responding Statement of Issues. Apotex sought to... Read More
Three strikes and you’re out? – Federal Court confirms subway TV patent is obvious
The Commissioner of Patents has thrice considered Patent Application No. 2,286,794 for the invention entitled “Subway TV Media System”. The patent application... Read More
Forgetting Someone? Court of Appeal orders Hospira to add Sanofi to oxaliplatin judicial review
On September 9, 2014, Justice Gauthier of the Federal Court of Appeal, released the Reasons for Judgment in Hospira Healthcare Corporation v.... Read More
SPIRIT BEAR Official Mark Goes Into Hibernation
On September 24, 2014, Justice Martineau of the Federal Court of Canada found that official marks for SPIRIT BEAR were unenforceable. Official... Read More
Court Dismisses Alcon’s prohibition application against generic TRAVATAN-Z
On August 11, 2014, Justice Kane dismissed Alcon’s prohibition application against Apotex in respect of Apotex’s version of the Alcon’s TRAVATAN-Z and... Read More
Expert evidence of imaginative skilled person rejected
On September 5, 2014, Justice O’Keefe released his Reasons for Judgment in a patent infringement action between Dow Chemical and Nova Chemicals... Read More
Cancel the Date: Federal Court Vacates Novel Bifurcation for Section 8 Start Date
On September 15, 2014 Prothonotary Aalto granted Pfizer’s motion to amend its pleadings and in doing so vacated a bifurcation order that... Read More
Court denies self-represented litigant leave to adduce new evidence of trade-mark use on appeal
Medos Services Corporation, its principal Alexander Vlasseros, and a related corporation, Marathon Medical Inc., appealed the judgment of the Federal Court that... Read More
Pleading of wilful misrepresentation in prosecution history survives motion to strike
On September 17, 2014, Justice Mosley of the Federal Court of Canada allowed an appeal of an Order of Prothonotary Milczynski (see... Read More
Janssen prima facie in contempt of STELARA injunction
After finding that Janssen’s STELARA products infringed AbbVie’s (formerly Abbott) Canadian Patent No. 2,365,281 (see here), Justice Hughes subsequently granted a permanent... Read More
Not defining skilled person in NOA insufficient to reverse order of evidence
On September 19, 2014, Prothonotary Milczynski dismissed Bristol-Myers Squibb’s motion for a partial reversal of the order of evidence in a prohibition... Read More
Suggesting desired features is not inventive – Federal Court of Canada
On September 16, 2014, Justice O’Keefe dismissed an application under Section 52 of the Patent Act seeking to amend the named inventors... Read More
Abacavir Patent Not Listable Against Fixed Dose Combination Products
On September 18, 2014, Justice Hughes of the Federal Court of Canada dismissed three appeals of Orders of Prothonotary Milczynski that Canadian... Read More
Receiver in Bankruptcy Permitted to Sell Trademarked Goods Despite Opposition from Trademark Owner
On August 25, 2014, Justice Gouin of the Quebec Superior Court released his Reasons for Judgment in 185107 Canada Inc. (Groupe de... Read More
Save the Date: Federal Court Orders Novel Bifurcation for Section 8 Start Date
In Apotex v. Pfizer, the Court ordered an innovative bifurcation order, separating the determination of the start date from the rest of the... Read More
Patent containing claim to single medicinal ingredient not eligible to be listed against combination product
On April 3, 2014, Prothonotary Milczynski granted Teva’s 6(5)(a) motion finding that Canadian Patent No. 2,289,753 is not eligible to be listed... Read More
Generics are not “patentees” subject to PMPRB oversight
On May 27, 2014, the Federal Court allowed two related judicial reviews from decisions of the Patented Medicines Prices Review Board that... Read More
Product specificity requires “perfect matching”
In Eli Lilly Canada Inc. v. Canada (Attorney General) , Justice Bédard of the Federal Court ruled that the Minister of Health’s... Read More
Court of Appeal further clarifies section 8 damages framework
When a generic drug company is held off the market by an improper prohibition application, that generic is entitled to damages under... Read More
Failure to provide samples sinks YAZ non-infringement allegation
On October 22, 2013 Justice Hughes of the Federal Court of Canada released his Reasons for Judgment and Judgment in a prohibition... Read More
ACLASTA dosing regimen claims directed to unpatentable subject matter
On September 25, 1993 Mr. Justice Hughes of the Federal Court of Canada released his Reasons for Judgment in prohibition application between... Read More
Punitive damages for infringing (but never sold) helicopter landing gear upheld on appeal
On September 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in Bell Helicopter Textron Canada Limitée v. Eurocopter... Read More
Its Alive! Court of Appeal resurrects clopidogrel enantiomer patent
On July 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in an appeal involving Canadian Patent No. 1,... Read More
Non-infringing alternative defence rejected in lovastatin infringement damages trial
On July 16, 2013, Justice Snider released her public Reasons for Judgment in the damages phase of the bifurcated lovastatin infringement action. Justice... Read More