Entirety Of The Patent Must Be Considered When Determining If A Patent Pertains To A Medicine
Galderma had two patents for Differin which contained 0.1% adapalene (Canadian patent nos. 1,266,646 and 1,312,075 (expired 2007 and 2009, respectively). In... Read More
Minor procedural mistake should be fixed, not fought
In Canadian Copyright Licensing Agency (Access Copyright) v. Alberta, 2015 FC 268, the Court of Appeal provided guidance on how parties should... Read More
Absent Special Circumstances, Interlocutory Trademark Decision Not Subject To Judicial Review
McDowell applied for judicial review of an interlocutory decision of the Trade-Marks Opposition Board that had refused to grant McDowell leave to... Read More
New Evidence Ices Diamond Trade-Mark Registration
On December 2, 2014 Justice Kane of the Federal Court of Canada overturned a decision of the Trade-Marks Opposition Board and held... Read More
“If I Can’t Have it, No One Can” Argument Raised Too Late
On October 14, 2014, Justice Mactavish of the Federal Court of Canada dismissed an application for judicial review of a Trademarks Opposition... Read More
Apotex Challenges Minister’s Refusal To Approve Apo-rasagiline
Apotex is seeking judicial review of a decision to decline to issue a Notice of Compliance (“NOC”) to Apotex for its Apo-rasagiline... Read More
A Light at the End of the Tunnel: Apotex Entitled to Damages for Non-Canadian Reference Product Test Case
On November 18, 2014, Justice Hughes of the Federal Court of Canada found the Crown liable in tort for damages to Apotex... Read More
Forgetting Someone? Court of Appeal orders Hospira to add Sanofi to oxaliplatin judicial review
On September 9, 2014, Justice Gauthier of the Federal Court of Appeal, released the Reasons for Judgment in Hospira Healthcare Corporation v.... Read More