It’s a fact: Methotrexate patent invalid for obviousness
In Medexus v Accord, the Federal Court concluded that a patent covering the use of methotrexate to treat inflammatory autoimmune diseases was...Read More
Takeda’s dexlansoprazole patent found invalid for lack of sound prediction of utility and for insufficiency
Background The drug DEXILANT is used to treat heartburn associated with gastroesophageal reflux disease and to heal damage to the esophagus from...Read More
Allergan’s eyedrop patent withstands the Federal Court’s gaze
Allergan commenced a patent infringement action against Juno, alleging that Juno’s proposed bimatoprost product would infringe claims 16 and 19 of Allergan’s...Read More
An inventive concept dies and becomes the “spirit of the invention”
In NCS v Kobold, the Court explained that the inventive concept of a patent is not the “spirit of the invention” as...Read More
FCA Confirms Obviousness of Lilly’s Tadalafil Patent
In Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, Justice St-Louis held that the asserted claims of Lilly’s Patent...Read More
Federal Court takes Rovi’s IPTV patents off the air
Justice Lafrenière dismissed Rovi’s infringement actions and granted the defendants’ counterclaims for declarations of invalidity, holding that nothing in the asserted claims...Read More
Re-Examination Board affirms validity of Teva’s Copaxone patent
Teva’s 802 Patent claims a dosing regimen for treating multiple sclerosis with Copaxone (glatiramer acetate). The Federal Court held the 802 Patent...Read More
Slips of the pen do not restore Janssen’s Zytiga Monopoly
In Janssen Inc v Apotex et al., 2022 FCA 184, the Federal Court of Appeal affirmed the invalidity of Canadian Patent No....Read More
Federal Court of Appeal Upholds Fampridine Trial Decision
Biogen appealed a decision of the Federal Court dismissing its patent infringement actions on the basis that all of the asserted claims...Read More
Janssen tightens its grip on treatment for vasoconstrictive diseases
In Janssen v Sandoz, the Federal Court held that Canadian Patent No. 2,659,770 was valid and would be infringed by Sandoz’s proposed...Read More
Federal Court Finds a Salt Patent to be an Inventive Selection
Justice Furlanetto, in an action under the NOC Regulations, has held that Canadian Patent No. 2,529,400 (the “400 Patent”) which claimed the...Read More
When the Prior Art Just Gels: Motivation to Combine and a Reasonable Expectation of Success at the Federal Circuit
The Federal Circuit affirmed a USPTO inter partes review decision finding claims 1-8 of Almirall LLC’s US Patent No. 9,517,219 invalid for...Read More
Allergen’s “Food Effect” patent is valid but infringement by Apotex was not on the menu
Background Justice Kane of the Federal Court found Canadian Patent 2,602,188, listed on the Patent register for ACTONEL DR (used for...Read More
Erectile Dysfunction Patent Comes Up Short: Tadalafil Patent Claims Found To Be Old and Obvious
On September 10, 2020, the Federal Court released its public Judgement and Reasons holding that all asserted asserted claims of Canadian Patent...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
Federal Court of Appeal: A Leaf Blower is not Enough
In this case, the Federal Court of Appeal upheld the decision of Justice Locke, who found that two patents pertaining to the...Read More
Product Monographs Given Flexible Reading Informed by Patent Analysis
In Janssen Inc. v. Apotex Inc., 2019 FC 1355, the Federal Court granted Janssen’s application for an order prohibiting the Minister of...Read More
Happenstance Prior Art Disclosure Of Claim Element Insufficient To Support Obviousness
This judgment was made following the hearing of an application under the PM(NOC) Regulations involving Valeant’s Glumetza™, a proprietary formulation of metformin...Read More
Clean Sweep for Teva in VELCADE Patent Action
In a Judgment dated July 18, 2018, Justice Locke allowed Teva’s claim for section 8 damages in relation to its bortezomib product,...Read More
Supreme Court of Canada Refuses to Hear Mining Patent Obviousness Appeal
On June 14, 2018, the Supreme Court of Canada dismissed Ciba’s application for leave to appeal the decision of the Federal Court...Read More
Bauer Hockey Helmets Avoid Infringement Injury
On May 7, 2018 the Federal Court granted MIPS action in part, findings its patent valid but not infringed by Bauer’s RE-AKT...Read More
Federal Court Holds Biologic Patent Valid and Infringed
In the first patent action involving biosimilars, the Federal Court held that the patent was valid and infringed. The Kennedy Trust for...Read More
Court of Appeal Jettisons Uncertain “Inventive Concept” in Obviousness Analysis
The Federal Court of Appeal released its decision in the appeal from the successful patent impeachment action by SNF challenging the validity...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
Desvenlafaxine Polymorph Patent Not Obvious – Federal Court
The Federal Court simultaneously issued a pair of prohibition orders against Teva and Apotex in relation to the drug desmethyl-venlafaxine succinate, which...Read More