Foolish Consistency is the Hobgoblin of Little Minds
Is an adjuvant an excipient or an active ingredient? This was the central question in the Federal Court’s decision in GSK’s application...Read More
Federal Court Mows Down Bison Grass Vodka Trade-mark Application
In CEDC International v Underberg, Justice Barnes dismissed CEDC’s appeal of the Trade-marks Opposition Board’s decision that prevented CEDC from registering “Żubrówka”...Read More
Hospira Awarded $495,000 In Costs Despite Evidentiary Gap In The Reasonableness Of Certain Disbursements
In Eli Lilly Canada Inc v The Minister of Health et al, Justice Barnes awarded Hospira its costs against Eli Lilly in...Read More
AstraZeneca’s Attempt to Vary Judgment Based on Subsequent Finding of Infringment Rejected
In 2012, Justice Hughes held that Apotex was entitled to section 8 damages by reason of AstraZeneca’s unsuccessful prohibition application in respect of...Read More
Strong Possibility of Future Drug Patent Infringement Survives Motion to Strike
On March 21, 2016, Justice Barnes dismissed an appeal of Prothonotary Tabib’s Order that refused to strike a pleading based in quia...Read More
Absent de facto prejudice, pleading amendments will ‘almost always’ be in the interests of justice
On January 29, 2016, Justice Barnes of the Federal Court released the Order and Reasons in Canplas Industries Ltd. v. Airturn Products...Read More
Federal Court reaffirms disclosure requirement for sound prediction
In Eli Lilly Canada Inc v. The Minister of Health et al, 2016 FC 47, Justice Barnes dismissed Eli Lilly’s prohibition application...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
Court amends Judgement to reflect Reasons
In AstraZeneca Canada Inc v Apotex Inc, 2015 FC 671, Justice Barnes of the Federal Court amended his previously issued Judgement in...Read More
If at first you don’t succeed, you may not be permitted to try again
Justice Barnes’ decision in Gilead Sciences, Inc. v. Minister of Health is a cautionary note to applicants in PM(NOC) Proceedings to think...Read More
Multiple obvious paths still obvious – Federal Court
On February 26, 2015 Justice Barnes released his public reasons dismissing the second of Janssen’s prohibition applications in respect of Teva’s generic...Read More
Court rejects the notion of the person skilled in the art of the claim
On November 27, 2014, Justice Barnes dismissed the first of two of Janssen’s prohibition applications in respect of Teva’s generic version of...Read More
Oil well spill tray patents not infringed, one invalid – Federal Court
On June 7, 2013, Justice Barnes issued his Reasons for Judgment in a patent infringement action between Zero Spill Systems and Rat Plastic...Read More
Lilly entitled to costs for moot ALIMTA prohibition application
On June 7, 2013, Justice Barnes of the Federal Court of Canada issued his Supplementary Reasons for Judgment dealing with the costs...Read More
Withdrawal of ALIMTA NOA renders prohibition application moot
On January 14, 2013, Justice Barnes of the Federal Court of Canada issued his Reasons for Judgment in respect of a prohibition...Read More