Another Look at Certificates of Supplemental Protection
In a decision released July 7, 2020, the Federal Court granted an application for judicial review of the Minister of Health’s refusal... Read More
Foolish Consistency is the Hobgoblin of Little Minds
Is an adjuvant an excipient or an active ingredient? This was the central question in the Federal Court’s decision in GSK’s application... Read More
Inadmissible Evidence Leads to Dismissal of Application
In Rowan Williams Davies & Irwin Inc. v ProWise Engineering Inc. et al., Justice O’Reilly dismissed the application after finding there was... Read More
Happenstance Prior Art Disclosure Of Claim Element Insufficient To Support Obviousness
This judgment was made following the hearing of an application under the PM(NOC) Regulations involving Valeant’s Glumetza™, a proprietary formulation of metformin... Read More
Source Code is Relevant And Producible In Software Patent Infringement Action
Prothonotary Tabib’s recent decision in Guest Tek Interactive Entertainment v Nomadix considers a number of discovery-related issues that arose in the context... Read More
Pipefill sales recoverable under section 8 – Federal Court of Appeal
In its judgment dated February 22, 2018, the Federal Court of Appeal dismissed Eli Lilly’s appeal from the judgment of Justice O’Reilly... Read More
“Overpromising” following Esomeprazole SCC
In this decision, Justice Manson was called upon to decide whether certain amendments Apotex sought to make to its pleadings ought to... Read More
What does that patent say, anyway? Appellate review of patent construction
In two recent judgments, Cobalt v. Bayer and ABB v Hyundai, the Federal Court of Appeal has explicitly considered the appropriate standard of review for... 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
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