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