Sound Prediction: Self-evident Elements Need Not Be Explicitly Disclosed
On June 3, 2015, the Federal Court of Appeal held that elements that would be self-evident to the skilled person need not... 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
If at first you don’t succeed, you may not be permitted to try again
Justice Barnes’ decision in Gilead Sciences, Inc. v. Minister of Health is a cautionary note to applicants in PM(NOC) Proceedings to think... Read More
Hands Off My Profits
In a decision released May 5, 2015, the Court of Appeal for Ontario has upheld the Divisional Court’s decision that had struck... 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
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
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
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
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
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
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
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
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
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
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
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
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