No shake down at the C-NLOPB – GSI’s seismic ATI request unsuccessful
The Federal Court affirmed the Canada-Newfoundland and Labrador Offshore Petroleum Board’s (C-NLOPB) decision not to release information to Geophysical Service Incorporated (GSI)...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
Preventous saga continued: Audit reports not “supplied” and not “confidential” under s 20(1)(b)
The Federal Court dismissed the judicial review by Preventous Collaborative Health, Provital Health and Copeman Healthcare Centre after their half-decade-long saga to...Read More
Identity of suppliers and manufacturing information protected from an ATI request
The Federal Court redetermined the judicial review by Elanco Canada Limited, which challenged Health Canada’s decision to disclose portions of Elanco’s veterinary...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
Time warp on the Patent Register: Amendments to Bayer’s aflibercept judicial review
In two judicial reviews considering when a first person’s patent is determined to be eligible for the Patent Register, and when a...Read More
Time warp on the patent register: Amendments to EMD Serono’s MAVENCLAD judicial review
This is one of two motions relating to judicial reviews that considered when a first person’s patent is eligible for listing on...Read More
CUSMA vs Food and Drug Regulations: Federal law predominates
Justice Stratas, writing a unanimous decision for the Federal Court of Appeal in Janssen v Attorney General of Canada, 2024 FCA 66,...Read More
Due care must be used in paying patent maintenance fees and in requesting reinstatement
In what Justice Furlanetto describes as “the first judicial review in which the “due care” provisions under subsection 46(5) of the Patent Act have been substantively...Read More
PMPRB prevails in obtaining financial disclosure
Justice Fothergill dismissed Galderma’s judicial review application of the Patented Medicine Prices Review Board’s redetermination decision concluding Galderma’s Patent pertained to its...Read More
Preventous et al. still unsuccessful in accessing information to support their judicial review
The Federal Court of Appeal continues to decline the efforts of three private health clinics to obtain information from Health Canada to...Read More
A year in review of Health Canada’s Access to Information matters
On November 7, 2023, Health Canada released its annual report on the Access to Information Act and Privacy Act, reporting on the...Read More
Not Trading Places: Federal Court Clarifies the Role of the Attorney General on Judicial Review Applications
The Federal Court recently clarified the role of the Attorney General of Canada (AGC) on applications for judicial review. The AGC has...Read More
Federal Court of Appeal Strikes Down “Test” for Patentability of Computer-Implemented Inventions
Attorney General of Canada v Benjamin Moore & Co., 2023 FCA 168 concerned the appeal of Federal Court decision 2022 FC 923....Read More
Two-for-One Deal – A Successor Second Person Can Adopt the Original NOA
The Federal Court dismissed a judicial review by Bayer Inc. and Regeneron Pharmaceuticals, Inc. of the Minister of Health’s decision allowing Biosimilar...Read More
Long-Term Safety Data ≠ Longer Patent List for STELARA
The Federal Court upheld a decision of the Office of Submissions and Intellectual Property that Canadian Patent No. 3,113,837 was not eligible...Read More
To Market, To Market, or the Regulations Will Not Apply
The Federal Court dismissed two applications for judicial review by AbbVie Corporation, who challenged the Minister of Health’s decisions (1) finding JAMP...Read More
Entirety Of The Patent Must Be Considered When Determining If A Patent Pertains To A Medicine
Galderma had two patents for Differin which contained 0.1% adapalene (Canadian patent nos. 1,266,646 and 1,312,075 (expired 2007 and 2009, respectively). In...Read More
Federal Court Upholds Commissioner’s Refusal To Correct Patent Priority Date As Untimely
In April 3rd, 2013, Bayer Cropscience filed a US patent application. The USPTO refused to award this application an April 3, 2013...Read More
Xpresspost and Registered Mail: Two Sides of the Same Coin
In Biogen v Attorney General of Canada, Justice Elliott held that use of the Xpresspost service of Canada Post constitutes delivery to...Read More
Post-filing Amendments are Subject to Data Protection
In Hospira Healthcare Corporation v. The Minister of Health, Attorney General of Canada and Sanofi-aventis Canada Inc., Hospira was unsuccessful in its...Read More
Minister’s Import Ban Against Apotex Enacted For Improper Purpose
On October 14, 2015, Justice Manson of the Federal Court released his judgment and reasons in Apotex’s judicial review of the Minister...Read More
Drugs and Deference: Federal Court Confirms Reasonableness Standard for OPML’s Scientific Findings
Photocure ASA filed a new drug submission for CYSVIEW and requested that it be qualified as an “innovative drug” in order to...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