Court of Appeal affirms agents and applicant must exercise due care
The Federal Court of Appeal allowed the appeal and restored the Commissioner of Patents’ decision not to reinstate Canadian Patent Application No....Read More
Refrigeration appeal gets cold shoulder from Court of Appeal
Fromfroid manufactures air conditioning and refrigeration equipment for the agri-food industry. Fromfroid owned Canadian Patent No. 2,301,753, which covered a rapid cooling...Read More
FCA upholds OSIP decision on timing of patent listing and retroactive eligibility
Bayer submitted a patent list in relation to its 315 Patent and drug submissions for its aflibercept product, EYLEA, on August 22,...Read More
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
Federal Court of Appeal upholds Federal Court’s summary trial finding of patent invalidity
Background The Federal Court of Appeal has rarely upheld or granted a finding of invalidity in the context of a summary trial;...Read More
Federal Court of Appeal echoes the Federal Court smart speaker decision
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Google LLC v Sonos Inc., 2024 FCA 44, dismissed...Read More
Validity of maintenance dose patent maintained
The Federal Court of Appeal provided insight into what constitutes an unpatentable method of medical treatment in Janssen v Pharmascience, the latest...Read More
Abuse of process remains alive under the Regulations
The Federal Court of Appeal’s decision in Janssen v. Apotex (here) harkens back to its 2007 decision Sanofi-Aventis v Novopharm (here) and...Read More
FCA Clarifies Threshold for Soundly Predicting Utility
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Sandoz v Janssen, 2023 FCA 221, dismissed Sandoz’s appeal...Read More
Product Monograph Carve-Outs May Not Avoid Infringement
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Apotex v Janssen, 2023 FCA 220, dismissed Apotex’s appeal...Read More
FCA finds that data protection does not prevent a competing amifampridine product
The Federal Court Appeal has reversed the decision of Justice St-Louis (2022 FC 292) quashing the Minister of Health’s decision to issue...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