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
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
Patent listing under 4(2)(b) – perfect match not required
In Eli Lilly Canada Inc v Attorney General of Canada, 2015 FCA 166, Justice Nadon allowed an appeal from Justice Bédard affirming...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
Abacavir Patent Not Listable Against Fixed Dose Combination Products
On September 18, 2014, Justice Hughes of the Federal Court of Canada dismissed three appeals of Orders of Prothonotary Milczynski that Canadian...Read More
Patent containing claim to single medicinal ingredient not eligible to be listed against combination product
On April 3, 2014, Prothonotary Milczynski granted Teva’s 6(5)(a) motion finding that Canadian Patent No. 2,289,753 is not eligible to be listed...Read More
Product specificity requires “perfect matching”
In Eli Lilly Canada Inc. v. Canada (Attorney General) , Justice Bédard of the Federal Court ruled that the Minister of Health’s...Read More
4(2)(b) or not 4(2)(b) – Federal Court of Appeal answers the question in COMPLERA patent listing decision
On October 9, 2012, the Federal Court of Appeal released its Reasons for Judgment holding Canadian Patent No. 2,512,475 was not eligible...Read More
Tobramycin patent listing – Federal Court confirms strict product specificity
On June 29, 2012, the Federal Court issued a decision upholding the Minister of Health‘s decision to refuse to list Canadian Patent...Read More