From reviews to hearings: PMPRB guidelines come into effect
The Patented Medicines Prices Review Board (“PMPRB”) monitors and reviews the prices of patented medicines in Canada. Rights holders provide information to...Read More
Refrigeration appeal gets cold shoulder from Court of Appeal
Fromfroid manufactures air conditioning and refrigeration equipment for the agri-food industry. Fromfroid owned Canadian Patent No. 2,301,753, which covered a rapid cooling...Read More
Motion to add a Gillette defence: Court refuses when pleadings would conflict
The Federal Court recently dismissed a motion to amend pleadings in a patent dispute between Janssen Inc. and Pharmascience Inc. Associate Judge...Read More
Toward a shortage of shortages: Proposed amendments to the Food and Drug Regulations
Health Canada proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations to protect against the harms caused by...Read More
Competition Tribunal issues reasons for its dismissal of JAMP’s anti-competition allegations against Janssen
As discussed in a previous post, the Competition Tribunal dismissed JAMP’s application against Janssen alleging abuse of dominance in relation to Stelara,...Read More
Patented Medicine Prices Review Board “crashed through the constitutional, statutory and jurisprudential guardrails”
The Federal Court of Appeal issued strong reasons reprimanding the Patented Medicines Prices Review Board for overstepping its jurisdiction. The Court found...Read More
Federal Court of Appeal rejects motion for extension of time
The Federal Court of Appeal considered a motion seeking both an extension of time and an order varying the Court’s dismissal of...Read More
New evidence of use overturns trademark expungement
In this trademarks appeal brought pursuant to section 56 of the Trademarks Act, the Federal Court overturned a decision by the Registrar...Read More
Federal Court denies amendments to copyright claim
In this copyright infringement action, GE Renewable Energy Canada Inc. (GEREC) sought to make further amendments to its Amended Statement of Claim....Read More
“Flexible set of options” in prior art not so flexible after all
In Steelhead v. Arc Resources, the Federal Court considered the validity of Canadian Patent No. 3,027,085, which related generally to a water-based...Read More
Competition Tribunal dismisses JAMP’s abuse of dominance application against Janssen
As discussed in a previous post, JAMP brought an application under the Competition Act seeking leave to bring an application against Janssen...Read More
FC strikes notice of application for lack of standing
Background Boehringer Ingelheim markets and sells nintedanib esilate capsules in strengths of 100 mg and 150 mg under the brand name OFEV....Read More
Switching courts, not channels: MediaTube’s patent battle stalls
The Federal Court recently ordered a stay and security for costs in a prolonged patent infringement claim. In light of MediaTube’s strategy...Read More
Summary trial dismissal upheld in split decision of the Federal Court of Appeal
In a split decision, the Federal Court of Appeal dismissed Mud Engineering’s appeals of the Federal Court’s decisions that neither Mud nor...Read More
JAMP files application under Competition Act alleging abuse of dominance against Janssen
JAMP recently brought an application under the Competition Act alleging abuse of dominance against Janssen in relation to Stelara, Janssen’s drug containing...Read More
An essential part of construction: Federal Court revisits the test for whether a claim element is essential or non-essential
Boehringer v JAMP, 2024 FC 1198 was an action under the PMNOC Regulations concerning infringement and validity of two patents relating to...Read More
They have the power: Canadian Energy Services v Commissioner of Patents
In a recent decision, the Federal Court upheld the Commissioner of Patents’ decision to vary the Patent Office records and name Mr....Read More
Federal Court of Appeal upholds Federal Court’s summary trial finding of patent invalidity
Background The Federal Court of Appeal has rarely upheld or granted a finding of invalidity in the context of a summary trial;...Read More
It’s a fact: Methotrexate patent invalid for obviousness
In Medexus v Accord, the Federal Court concluded that a patent covering the use of methotrexate to treat inflammatory autoimmune diseases was...Read More
Rejected allegations on insufficiency: The importance of clarity, specificity, and timeliness in amending pleadings
ProSlide Technology Inc. v WhiteWater West Industries Ltd. is an appeal of an Associate Judge’s Order denying WhiteWater’s motion to amend its...Read More
Assessing TM Confusion: Patients Matter
Novartis v. Biogen involves claims of trademark infringement, passing off and depreciation of goodwill and raises several interesting issues. The Applicants, Novartis...Read More
Validity of maintenance dose patent maintained
The Federal Court of Appeal provided insight into what constitutes an unpatentable method of medical treatment in Janssen v Pharmascience, the latest...Read More
Abuse of process remains alive under the Regulations
The Federal Court of Appeal’s decision in Janssen v. Apotex (here) harkens back to its 2007 decision Sanofi-Aventis v Novopharm (here) and...Read More
Complex proceedings yield elevated lump sum costs for Kobold
Justice McVeigh recently awarded Kobold Corporation and Promac Industries Ltd. elevated lump sum costs in what may have been “the most complex...Read More
Breaking invention chains: non-final unity objections need not “force” a divisional
In NCS v Kobold, the Federal Court explained the circumstances in which a double patenting argument could apply in the context of...Read More