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Obviousness

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FCA upholds selection patent protecting apixaban and rejects that a second patented invention was obvious to try

Photo of Kristin WallPhoto of Christopher A. GuerreiroPhoto of Pardeep Heir
By Kristin Wall, Christopher A. Guerreiro & Pardeep Heir on August 15, 2022

The Federal Court of Appeal (FCA) has dismissed an appeal concerning four actions related to the molecule apixaban under the Patented Medicines (Notice of Compliance) Regulations (Regulations). The Federal Court (FC) found the patents…

Federal Court of Appeal upholds one of the last prohibition orders under the old PM(NOC) Regulations

Photo of Sarah PenningtonPhoto of David YiPhoto of Kristin Wall
By Sarah Pennington, David Yi & Kristin Wall on March 9, 2021

The Federal Court of Appeal has affirmed one of the last judgments granting a prohibition order under subsection 6(1) of the pre-September 2017 Patented Medicines (Notice of Compliance) Regulations (the PM(NOC) Regulations). The Court of Appeal upheld the prohibition…

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Two PM(NOC) Actions Dismissed After Common Trial on Validity of Treatment Regimen Patent

Photo of Daniel Daniele (CA)Photo of David YiPhoto of Paul Jorgensen
By Daniel Daniele (CA), David Yi & Paul Jorgensen on June 1, 2020

The Federal Court has dismissed two infringement actions brought against defendants under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (Regulations), following a common trial on the validity of Canadian Patent No. 2,562,277 (277 Patent…

FCA Confirms Entirety of Inventors’ Conduct is Relevant in Obviousness Analysis and Upholds Inventiveness of Crystal Form Patent

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By David Yi on February 14, 2019

The Federal Court of Appeal (“FCA”) upheld the validity of Canadian Patent 2,436,668 (“668 Patent”) which covers Form I ODV succinate (marketed as PRISTIQ) in two separate appeals by Apotex Inc. (“Apotex”) and Teva…

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