Court of Appeal Clarifies Costs Framework in Copyright Class Action
On November 15, 2017, the Federal Court of Appeal issued its Reasons for Judgment in an appeal from an order that (1)...Read More
Subject Matter Of A Compound Claim Cannot Be Expanded Beyond What It States – FCA
On September 18, 2017, the Federal Court of Appeal released its decision in BMS’ appeal of a decision dismissing its prohibition application...Read More
Court of Appeal Reaffirms Filing Date As Relevant Date for Assessing Sufficiency of Disclosure
On July 24, 2017, the Federal Court of Appeal released its Reasons for Judgement in Idenix’s appeal involving the drug sofobuvir, the...Read More
Court of Appeal Clarifies Meaning Of “Inventive Concept”
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal from a Judgment of the Federal Court...Read More
Plavix 1’s “Inventive Concept” Did Not Change the Definition Of Obviousness – Federal Court of Appeal
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal of a Judgment dismissing a prohibition application...Read More
Court of Appeal Upholds Promised Utility Of Iron Chelation Patent
On September 15, 2016 the Court of Appeal dismissed Teva’s appeal Justice O’Reilly’s prohibition Order preventing the Minister of Health from approving...Read More
Preliminary Determinations Restricted to Pure Questions of Law – Federal Court of Appeal
In Rogers Communication Partnership et al v. Society of Composers, Authors and Music Publishers of Canada, 2016 FCA 28, the Federal Court...Read More
Federal Court of Appeal Affirms Dismissal of Prohibition Application for Mylan’s Tadalafil
In February 2015, the Federal Court dismissed Eli Lilly’s application for an order prohibiting Mylan Pharmaceuticals from receiving a Notice of Compliance...Read More
A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent...Read More
What does that patent say, anyway? Appellate review of patent construction
In two recent judgments, Cobalt v. Bayer and ABB v Hyundai, the Federal Court of Appeal has explicitly considered the appropriate standard of review for...Read More
FCA Upholds the “Reasonably Diligent Search” Standard, For Now
The Federal Court of Appeal in E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2015 FCA 163, dismissed an appeal from...Read More
Compound patent is not listable against fixed dose combination – Federal Court of Appeal
On April 15, 2015, the Federal Court of Appeal dismissed ViiV’s appeal of the Judgment of Justice Hughes that had held that Canadian...Read More
The Second Person’s Burdens (with apologies to Rudyard Kipling)
On January 9, 2015, the Federal Court of Appeal released Reasons for Judgment dismissing an appeal brought by Merck and BMS from...Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety...Read More