Reality Check for s. 8 Damages: But-For World Should Reflect Real World
The Federal Court of Appeal recently pronounced from the bench that damages claimed under section 8 of the PM(NOC) Regulations for lost...Read More
Federal Court Sets Aside B-side Trademark for Beau’s Beer
In Steelbird Ghetto Properties LLC v. Beau’s All Natural Brewing Company Ltd, Steelbird Ghetto Properties LLC sought an Order striking the trademark...Read More
Aitken Klee successful in Teva Olanzapine Section 8 Damages Case
The Federal Court recently issued its decision in Eli Lilly Canada Inc. v. Teva Canada Limited, 2017 FC 88, Teva’s action for...Read More
Federal Court Upholds Commissioner’s Refusal To Correct Patent Priority Date As Untimely
In April 3rd, 2013, Bayer Cropscience filed a US patent application. The USPTO refused to award this application an April 3, 2013...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
Times Up: Toronto Development Company Found to Infringe Trade-Mark
In Times Group Corporation v. Time Development Group Inc. the Court granted a declaration of trade-mark infringement and an order that the respondent...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
Generics are not “patentees” subject to PMPRB oversight
On May 27, 2014, the Federal Court allowed two related judicial reviews from decisions of the Patented Medicines Prices Review Board that...Read More
Process steps an essential limitation in YASMIN product-by-process claims
On May 29, 2013, Justice O’Reilly of the Federal Court of Canada, released his Reasons for Judgment in a prohibition application between Bayer...Read More
Possibility of infringement not enough to sink ZITHROMAX section 8 claim
On May 10, 2013, Justice O’Reilly of the Federal Court of Canada issued Reasons for Judgment in Apotex’ section 8 claim against...Read More