No Changing On the Fly – Court of Appeal Dismisses Substitutive Intervention in Hockey Skate Trade-Mark Dispute
In 2011, Easton requested that the Registrar of Trade-marks issue a section 45 notice requiring Bauer to show that they had used...Read More
New evidence establishes likelihood of confusion of NATURA mark
In September 2014, Home Hardware had unsuccessfully opposed the registration of Benjamin Moore’s BENJAMIN MORE NATURA marks on the basis of likelihood...Read More
Minor procedural mistake should be fixed, not fought
In Canadian Copyright Licensing Agency (Access Copyright) v. Alberta, 2015 FC 268, the Court of Appeal provided guidance on how parties should...Read More
Cinacalcet Compound Patent Obvious and Anticipated
In Amgen Canada v. Mylan Pharmaceuticals ULC, 2015 FC 1244, a prohibition application under the PM(NOC) Regulations, Justice Phelan recently held that...Read More
Costs of second tadalafil prohibition application against the same patent assessed at midpoint of column IV
As we previously reported here, Justice Gleason allowed Lilly’s prohibition application in respect of the Canadian Patent No. 2,226,784 with costs following...Read More
Relitigation is not an abuse of process where first decision is under appeal
On September 11, 2015, Justice Gleason released her public Judgment and Reasons in a prohibition application involving Apotex and Canadian Patent No. 2,379,948...Read More
Shakin’ all over – Copyright Claim for Blurry Seismic Data Survives Summary Judgment
In Geophysical Services Incorporated v. Atrim Energy, the Court of Queen’s Bench of Alberta considered Atrim’s motion for a summary dismissal of...Read More
Inventive concept need not be coterminous with promised utility
On July 6, 2015 the Federal Court of Appeal released it decision on AstraZeneca’s appeal of Justice Rennie’s decision holding that the...Read More
Listing requirements of PM(NOC) Regulations amended
On July 1, 2015, the Federal government published amendments to the Patented Medicines (Notice of Compliance) Regulations. The amendments, effective as of...Read More
Federal Court rejects overarching promise of utility for iron chelation patent
On June 19, 2015 Justice O’Reilly issued reasons in a prohibition application under the PM(NOC) Regulations. Novartis had sough a prohibition Order...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
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
VIAGRA blue diamond trade-mark not distinctive – Federal Court
On April 20, 2015 Justice Russell released his Judgment and Reasons in a trademark matter involving Pfizer’s attempt to register trade-mark application...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
Cross-referenced drug submissions must still address listed patents – Federal Court
On December 19, 2014 Justice Gleason released her Judgment and Reasons in a judicial review application brought by Pfizer seeking to quash...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
New Evidence Ices Diamond Trade-Mark Registration
On December 2, 2014 Justice Kane of the Federal Court of Canada overturned a decision of the Trade-Marks Opposition Board and held...Read More