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
Identity of suppliers and manufacturing information protected from an ATI request
The Federal Court redetermined the judicial review by Elanco Canada Limited, which challenged Health Canada’s decision to disclose portions of Elanco’s veterinary...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
Suffice it to Say, Pending Claims Are Irrelevant for Sufficiency
The Federal Court of Appeal clarified in Pharmascience v. Bristol-Myers Squibb, 2022 FCA 142, that the specification of the issued patent, not...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
Supreme Court Breaks The “Promise Doctrine” In NEXIUM Patent Dispute
On June 30, 2017, the Supreme Court of Canada released its judgment in AstraZeneca v. Apotex, a case dealing with the utility...Read More
Notice and Notice: ISPs May Only Charge Reasonable Fees For Disclosing Identities Of Suspected Copyright Infringers
Sections 41.25 and 41.26 of the Copyright Act allow copyright owners to send notices of infringed copyright to ISPs, such as Rogers....Read More
Sound Prediction: Self-evident Elements Need Not Be Explicitly Disclosed
On June 3, 2015, the Federal Court of Appeal held that elements that would be self-evident to the skilled person need not...Read More