Aitken Klee recognized by the 2026 Best Lawyers in Canada Awards
Congratulations to the six Aitken Klee lawyers who were once again recognized by The Best Lawyers in Canada. Marcus Klee, Jonathan Stainsby,...Read More
Health Canada consulting on new biosimilar guidance document
Health Canada has published a draft amended guidance document covering information and submission requirements for biosimilar biologic drugs. If implemented, Health Canada...Read More
FCA upholds OSIP decision on timing of patent listing and retroactive eligibility
Bayer submitted a patent list in relation to its 315 Patent and drug submissions for its aflibercept product, EYLEA, on August 22,...Read More
FC issues electrifying non-infringement judgment in McCain french fry case
Background McCain sued Simplot for infringing its 841 Patent, which claimed a process for treating fruits and vegetables with a high electric...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
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
Aitken Klee recognized in the 2025 Best Lawyers in Canada Awards
We are pleased to share that Aitken Klee has once again been recognized in The Best Lawyers in Canada, with seven partners...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
Federal Court of Appeal cultivates high bar to disclosure in anticipation
Agracity appealed from two decisions in which the Federal Court held, inter alia, that various claims of the 021 Patent were not...Read More
Patent rules and regulations amended to align with CUSMA
The proposed amendments to the Canadian Patent Rules attempt to align them with the Canada–United States–Mexico Agreement. The revisions primarily focus on implementing patent term adjustments to create remedies...Read More
Seven years of delay invites dismissal
On April 25, 2017, Vermillion filed an application seeking expungement of Green Circle’s Green Circle Salons and Design mark. Seven years later,...Read More
Minor design elements will not rack the casual consumer’s brain
King Rack filed a trademark application seeking registration of its BUZZRACK design mark based on use in association with various rack-style carriers...Read More
Canadian Copyright Act draws the line between Rio Tinto and foreign author
GE commenced a copyright infringement action against Canmec, asserting ownership of copyright in 33 manufacturing drawings relating to butterfly valves. GE claimed...Read More
Federal Court finds US supply disruptions relevant to Apotex’s ability to supply the Canadian abiraterone market
In the context of Apotex’s section 8 action against Janssen, Janssen brought a motion under Rule 51 of the Federal Courts Rules...Read More
Allergan’s eyedrop patent withstands the Federal Court’s gaze
Allergan commenced a patent infringement action against Juno, alleging that Juno’s proposed bimatoprost product would infringe claims 16 and 19 of Allergan’s...Read More
Admissibility of expert evidence is best left to the trial judge
McCain commenced a patent infringement action against Simplot, asserting that Simplot had infringed McCain’s 841 Patent directed to a process used for...Read More
Canada Proposes Introducing Patent File Wrapper Estoppel
Bill C-86, the Budget Implementation Act is an 884 page omnibus bill recently introduced in Parliament. Among a myriad of other items, the...Read More
The New NAFTA: Trademark and Industrial Design Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement...Read More
The New NAFTA: Copyright Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement...Read More
The New NAFTA: Patent Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement...Read More
Apotex Seeks Rehearing of NEXIUM Patent Validity Following Supreme Court’s Decision
On August 29, 2017 Apotex filed a motion with the Supreme Court of Canada, requesting a rehearing of the appeal and an...Read More
Supreme Court of Canada To Hear AstraZeneca’s Esomeprazole Appeal
On March 10, 2016, the Supreme Court of Canada granted AstraZeneca’s application for leave to appeal the decision of the Federal Court...Read More
Competition Bureau Launches Public Consultation on IP Enforcement Guidelines
The Competition Bureau has released draft and updated Intellectual Property Enforcement Guidelines for public consultation, and is seeking comments and feedback by...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