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
Federal Court Prohibits Approval Of Generic ADHD Drug
In Janssen Inc. v. Actavis Pharma Company, 2016 FC 1361, Janssen sought an order prohibiting the Minister of Health from issuing a...Read More
API Fails To Remove Excalibre: API’s Torque Anchor Patents Invalid Or Not Infringed
Excalibre Oil Tools Ltd. v. Advantage Products Inc. concerns the validity and infringement of three Canadian patents. Justice Manson held that the...Read More
On Thin Ice: Court Dismisses Snowmobile Infringement Action
In Arctic Cat Inc v Bombardier Recreational Products, Justice Roy of the Federal Court dismissed Arctic Cat’s action against Bombardier for infringement...Read More
Conference call transcript sinks TRUVADA combination patent
On August 19, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 856. The case...Read More
Prohibition Order Granted Against Generic VIREAD Product
On August 23, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 857. The case...Read More
Any publicly available teaching, no matter how obscure, is citable for obviousness – Court of Appeal
The Patent Act was amended in 1993 to to require that an invention cannot be obvious to the skilled person having regard to information that was...Read More
Court prefers blinded expert in ophthalmic drug patent dispute
In Allergan Inc. v. Apotex Inc, 2016 FC 344, Allergan sought a prohibition order against Apotex in relation to its gatifloxacin ophthalmic...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
Court dismisses first biologic prohibition application
Amgen brought this prohibition application to prevent the issuance of a Notice of Compliance to Apotex for its proposed filgrastim product. The...Read More
Cinacalcet Compound Patent Obvious and Anticipated
In Amgen Canada v. Mylan Pharmaceuticals ULC, 2015 FC 1244, a prohibition application under the PM(NOC) Regulations, Justice Phelan recently held that...Read More
A Sheep In Wolf’s Clothing – Alleged Errors of Fact Should Not Be Dressed Up As Errors Of Law
The Federal Court of Appeal recently considered two competing appeals regarding patents listed on the Patent Register against Alcon’s moxifloxacin product, VIGAMOX....Read More
Relitigation is not an abuse of process where first decision is under appeal
On September 11, 2015, Justice Gleason released her public Judgment and Reasons in a prohibition application involving Apotex and Canadian Patent No. 2,379,948...Read More
Cleaning Up the Waste: Federal Court Invalidates Patent for Treating Waste Material from Mining Operations
On August 24, 2015, Justice Phelan held that Canadian Patent No. 2,515,581 is invalid for obviousness (2015 FC 997). This action involved...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
Federal Court rejects overarching promise of utility for iron chelation patent
On June 19, 2015 Justice O’Reilly issued reasons in a prohibition application under the PM(NOC) Regulations. Novartis had sough a prohibition Order...Read More
Failure to address all art cited in NOA sinks ciclesonide prohibition application
On May 1, 2015, Justice O’Reilly dismissed a prohibition application brought by Takeda against Apotex involving the drug ciclesonide. The application involved...Read More
Prohibition application against gliclazide modified release tablets dismissed
On February 16, 2015, Mr. Justice Roy released his public Judgment and Reasons in a prohibition application involving Servier, Apotex and a...Read More
Multiple obvious paths still obvious – Federal Court
On February 26, 2015 Justice Barnes released his public reasons dismissing the second of Janssen’s prohibition applications in respect of Teva’s generic...Read More
Speculative theory of infringement sinks tadalafil prohibition application
On February 23, 2015 Justice de Montigny released his public reasons in a third prohibition application involving Eli Lilly and Mylan in...Read More
Court rejects the notion of the person skilled in the art of the claim
On November 27, 2014, Justice Barnes dismissed the first of two of Janssen’s prohibition applications in respect of Teva’s generic version of...Read More
Three strikes and you’re out? – Federal Court confirms subway TV patent is obvious
The Commissioner of Patents has thrice considered Patent Application No. 2,286,794 for the invention entitled “Subway TV Media System”. The patent application...Read More
Court Dismisses Alcon’s prohibition application against generic TRAVATAN-Z
On August 11, 2014, Justice Kane dismissed Alcon’s prohibition application against Apotex in respect of Apotex’s version of the Alcon’s TRAVATAN-Z and...Read More
Failure to provide samples sinks YAZ non-infringement allegation
On October 22, 2013 Justice Hughes of the Federal Court of Canada released his Reasons for Judgment and Judgment in a prohibition...Read More
ACLASTA dosing regimen claims directed to unpatentable subject matter
On September 25, 1993 Mr. Justice Hughes of the Federal Court of Canada released his Reasons for Judgment in prohibition application between...Read More