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
A tale of two DRAGONAS
This case involves two related companies that had been using the same trademark based on an informal understanding. After many years of...Read More
Akebia’s “Zombie Motion” is Put to Rest
In FibroGen, Inc. v. Akebia Therapeutics, Inc., Justice Rennie allowed FibroGen’s appeal from an order requiring that FibroGen file certain fact witness...Read More
Pipefill sales recoverable under section 8 – Federal Court of Appeal
In its judgment dated February 22, 2018, the Federal Court of Appeal dismissed Eli Lilly’s appeal from the judgment of Justice O’Reilly...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
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
FCA Upholds Ruling That Health Canada Liable For Negligence And Misfeasance In A Public Office
In Apotex Inc. v. Canada, 2017 FCA 73, the Federal Court of Appeal dealt with various appeals from the finding that Health...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
Trial Judge Knows Best: Supra-Tariff Costs Award Upheld
In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova’s appeal of the order requiring...Read More
Does Double Patenting Have A Relevant date? Perhaps
In Apotex Inc. v Eli Lilly Canada Inc., the Federal Court of Appeal dismissed Apotex’s appeal of the Federal Court decision that...Read More
Without Early Working, Cross-Referenced Drug Submissions Need Not Address Listed Patents: Court of Appeal
On October 12, 2016 the Federal Court of Appeal released a number of judgments dealing with the circumstances in which a cross-referenced...Read More
Federal Court of Appeal Rewrites Standard of Review
Needless to say, the issue of the standard of review applicable to orders of both judges and prothonotaries has been one of...Read More
Save It For The Action: Filgrastim Appeal Dismissed As Moot
In Amgen v Apotex, the Federal Court of Appeal dismissed Amgen’s appeal of the Federal Court decision that dismissed Amgen’s application for...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 of Appeal narrows, but does not resolve, relevant date for assessing double patenting
On April 20, 2016 the Court of Appeal dismissed Mylan’s appeal of a prohibition Order in respect of Mylan’s proposed tadalafil product....Read More
Half the Battle is Showing Up: Default Judgment Withstands Appeal
In David Michaels v Michaels of Canada, Justice Rennie of the Federal Court of Appeal dismissed the defendants’ appeal of the default...Read More
Generics are “patentees” subject to PMPRB oversight
The recent decision of the Federal Court of Appeal in Attorney General of Canada v. Sandoz Canada Inc., and Attorney General of...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