Apotex receives divided success on its motion to amend on the eve of trial
With only a few days remaining before trial, Apotex brought a motion to amend its Further Amended Statement of Defence to include... Read More
FCA Clarifies Threshold for Soundly Predicting Utility
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Sandoz v Janssen, 2023 FCA 221, dismissed Sandoz’s appeal... Read More
Leave Granted to Amend Statement of Defence and Includes Bases of Invalidity not Contained in Notice of Allegation
In Boehringer Ingelheim (Canada) Ltd v JAMP Pharma Corporation, 2023 FC 1414, Associate Judge Cotter of the Federal Court granted JAMP’s motion... Read More
Enough (evidence) is enough: Redactions to invoices no barrier to lump sum costs award
In Eli Lilly v Apotex, Justice St-Louis awarded Apotex its costs in a patent action involving the drug tadalafil and three patents... Read More
Federal Court Confirms Defendants’ Right to Challenge Non-Asserted Claims in PM(NOC) Actions
The Federal Court has recently affirmed by way of summary judgment motion that a Defendant to an action commenced under the Patented... Read More
Overbreadth is in the Eye of the Beholder – The Federal Court’s Overbreadth Analysis in Rovi #2
As reported in our recent post here, the Federal Court invalidated the claims of four patents asserted by Rovi Guides, Inc. and... Read More
Federal Court takes Rovi’s IPTV patents off the air
Justice Lafrenière dismissed Rovi’s infringement actions and granted the defendants’ counterclaims for declarations of invalidity, holding that nothing in the asserted claims... Read More
Third Time’s a Charm: Tadalafil Use Patent Invalidated in Summary Trial
Canadian Patent No. 2,226,784 is generally directed to a pharmaceutical composition containing tadalafil or its physiologically acceptable salts or solvates for the... Read More
Re-Examination Board affirms validity of Teva’s Copaxone patent
Teva’s 802 Patent claims a dosing regimen for treating multiple sclerosis with Copaxone (glatiramer acetate). The Federal Court held the 802 Patent... Read More
Slips of the pen do not restore Janssen’s Zytiga Monopoly
In Janssen Inc v Apotex et al., 2022 FCA 184, the Federal Court of Appeal affirmed the invalidity of Canadian Patent No.... Read More
Suffice it to Say, Pending Claims Are Irrelevant for Sufficiency
The Federal Court of Appeal clarified in Pharmascience v. Bristol-Myers Squibb, 2022 FCA 142, that the specification of the issued patent, not... Read More
Federal Court of Appeal Upholds Fampridine Trial Decision
Biogen appealed a decision of the Federal Court dismissing its patent infringement actions on the basis that all of the asserted claims... Read More
Akebia’s “Zombie Motion” is Put to Rest
In FibroGen, Inc. v. Akebia Therapeutics, Inc., Justice Rennie allowed FibroGen’s appeal from an order requiring that FibroGen file certain fact witness... Read More
Federal Court Finds a Salt Patent to be an Inventive Selection
Justice Furlanetto, in an action under the NOC Regulations, has held that Canadian Patent No. 2,529,400 (the “400 Patent”) which claimed the... Read More
When the Prior Art Just Gels: Motivation to Combine and a Reasonable Expectation of Success at the Federal Circuit
The Federal Circuit affirmed a USPTO inter partes review decision finding claims 1-8 of Almirall LLC’s US Patent No. 9,517,219 invalid for... Read More
Erectile Dysfunction Patent Comes Up Short: Tadalafil Patent Claims Found To Be Old and Obvious
On September 10, 2020, the Federal Court released its public Judgement and Reasons holding that all asserted asserted claims of Canadian Patent... Read More
CCM Scores With Obviousness Attack on Bauer’s Hockey Skate Patent
Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey), 2020 FC 624 was a patent infringement battle between two well-known skate manufacturers.... Read More
Court of Appeal dismisses Pfizer’s motion to strike PM(NOC) action as abusive
The Court of Appeal recently determined that the institution of proceedings under the “new” PM(NOC) Regulations, is not re-litigation or an abuse... Read More
Clean Sweep for Teva in VELCADE Patent Action
In a Judgment dated July 18, 2018, Justice Locke allowed Teva’s claim for section 8 damages in relation to its bortezomib product,... Read More
Inventive Concept Redux: Shire’s ADHD Prodrug Patent Upheld By Federal Court
In a decision released publicly on June 21, 2018, the Federal Court dismissed Apotex’s action against Shire seeking a declaration of invalidity... Read More
Bauer Hockey Helmets Avoid Infringement Injury
On May 7, 2018 the Federal Court granted MIPS action in part, findings its patent valid but not infringed by Bauer’s RE-AKT... Read More
Problem Gaming Patent Lacks Scintilla Of Utility
On May 25th, 2018 the Federal Court of Canada released its decision in Safe Gaming System Inc v. Atlantic Lottery Corporation involving... Read More
Federal Court Holds Biologic Patent Valid and Infringed
In the first patent action involving biosimilars, the Federal Court held that the patent was valid and infringed. The Kennedy Trust for... Read More
Court of Appeal Jettisons Uncertain “Inventive Concept” in Obviousness Analysis
The Federal Court of Appeal released its decision in the appeal from the successful patent impeachment action by SNF challenging the validity... Read More
Apotex Seeks Rehearing of NEXIUM Patent Validity Following Supreme Court’s Decision
On August 29, 2017 Apotex filed a motion with the Supreme Court of Canada, requesting a rehearing of the appeal and an... Read More