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
Boehringer v. JAMP continued: the Federal Court’s look at anticipation and sound prediction of utility
The Federal Court’s recent decision in Boehringer v JAMP, 2024 FC 1198 concerned two patents relating to nintedanib capsules (which Boehringer markets...Read More
Takeda’s dexlansoprazole patent found invalid for lack of sound prediction of utility and for insufficiency
Background The drug DEXILANT is used to treat heartburn associated with gastroesophageal reflux disease and to heal damage to the esophagus from...Read More
Anticipation test takes the middle ground
Justice McVeigh’s recent decision has addressed an area of debate within the jurisprudence and academic commentary regarding the proper legal test for...Read More
Federal Court takes Rovi’s IPTV patents off the air
Justice Lafrenière dismissed Rovi’s infringement actions and granted the defendants’ counterclaims for declarations of invalidity, holding that nothing in the asserted claims...Read More
Allergen’s “Food Effect” patent is valid but infringement by Apotex was not on the menu
Background Justice Kane of the Federal Court found Canadian Patent 2,602,188, listed on the Patent register for ACTONEL DR (used for...Read More
Erectile Dysfunction Patent Comes Up Short: Tadalafil Patent Claims Found To Be Old and Obvious
On September 10, 2020, the Federal Court released its public Judgement and Reasons holding that all asserted asserted claims of Canadian Patent...Read More
Walking Speed Claims Held Obvious In First Pharmaceutical Patent “Common Issues” Validity Trial
On May 15, 2020, the Federal Court issued its first decision in a “common issues trial” under the new Patented Medicines (Notice...Read More
Happenstance Prior Art Disclosure Of Claim Element Insufficient To Support Obviousness
This judgment was made following the hearing of an application under the PM(NOC) Regulations involving Valeant’s Glumetza™, a proprietary formulation of metformin...Read More
Pleading Amendments Alleging Prior Public Disclosure Refused Where Defendants Lack Material Facts
In 2015, Specialized Desanders sued Dynacorp Fabricators (now Enercorp Sand Solutions) and Progress Energy Canada for infringement of Canadian Patent No, 2,407,544...Read More
Inventive Concept Redux: Shire’s ADHD Prodrug Patent Upheld By Federal Court
In a decision released publicly on June 21, 2018, the Federal Court dismissed Apotex’s action against Shire seeking a declaration of invalidity...Read More
Bauer Hockey Helmets Avoid Infringement Injury
On May 7, 2018 the Federal Court granted MIPS action in part, findings its patent valid but not infringed by Bauer’s RE-AKT...Read More
Federal Court Holds Biologic Patent Valid and Infringed
In the first patent action involving biosimilars, the Federal Court held that the patent was valid and infringed. The Kennedy Trust for...Read More
Conference call transcript sinks TRUVADA combination patent
On August 19, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 856. The case...Read More
Prohibition Order Granted Against Generic VIREAD Product
On August 23, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 857. The case...Read More
Court dismisses first biologic prohibition application
Amgen brought this prohibition application to prevent the issuance of a Notice of Compliance to Apotex for its proposed filgrastim product. The...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
Pot-shots from the sidelines not enough to disprove inherent anticipation
On June 15, 2015, Justice Barnes released his public Judgment and Reasons in a prohibition application involving Mylan and Canadian Patent No....Read More
Cleaning Up the Waste: Federal Court Invalidates Patent for Treating Waste Material from Mining Operations
On August 24, 2015, Justice Phelan held that Canadian Patent No. 2,515,581 is invalid for obviousness (2015 FC 997). This action involved...Read More
Punitive damages for infringing (but never sold) helicopter landing gear upheld on appeal
On September 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in Bell Helicopter Textron Canada Limitée v. Eurocopter...Read More
“Probably, likely, or definitely” selection patent anticipated, obvious and not infringed
On July 12, 2012, Justice Kane of the Federal Court released the public Reasons for Judgment in Hoffman-La Roche’s prohibition application against...Read More
Opportunity for inspection enough for anticipatory prior use – Federal Court of Appeal
On December 20, 2012 the Federal Court of Appeal, clarified what constitutes anticipatory prior use under the “new” Parent Act in Wenzel...Read More
Mometasone hydrate (NASONEX) patent valid but not infringed
On June 15, 2012, the District Court for the District of New Jersey released its redacted opinion in litigation between Schering and...Read More
PRECEDEX: enantiomer patent valid and enforceable; method of use patent obvious
On May 4, 2012, the District Court of New Jersey issued an amended memorandum opinion in relation to Sandoz’ paragraph IV challenge...Read More