The Federal Court has allowed an infringement action concerning sitagliptin phosphate monohydrate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court dismissed allegations of obviousness and insufficiency, and it found the asserted claims to be
Federal Court rejects motion for summary judgment in Canadian patent infringement case following voluntary dismissal of parallel US litigation
In a recently released decision, the Federal Court (FC) considered what happens when a patent infringement plaintiff agrees to resolve a dispute in a foreign jurisdiction, but continues to press parallel litigation against the
Federal Court finds inducement of infringement at summary trial under the PM(NOC) Regulations
The Federal Court has confirmed that issues of infringement, including by inducement, may be decided by summary trial in an infringement action under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court rejected the Defendant’s attempt to
FCA upholds patent validity, rejects argument that a soundly predicted invention must be obvious
The Federal Court of Appeal (FCA) has affirmed a decision of the Federal Court (FC) finding that a patent concerning glatiramer acetate (GA) is valid and would be infringed under the Patented Medicines (Notice
PMPRB Update: further-delayed implementation of Patented Medicines Regulations amendments and new Guidelines
Changes to the Patented Medicine Prices Review Board (PMPRB) regime, contained in pending amendments to the Patented Medicines Regulations, have been delayed until July 1, 2022.
These amendments form the basis for new PMPRB Guidelines. The
PMPRB will not proceed with proposed July 15, 2021 changes to its new Guidelines
The Patented Medicine Prices Review Board (PMPRB) has announced that it will not proceed with changes to its new Guidelines that were proposed in a July 15, 2021 Notice and Comment. As we reported, these changes would
PMPRB Guidelines update: consultation on changes re delayed implementation
The Patented Medicine Prices Review Board (PMPRB) has launched a consultation on proposed changes to its new Guidelines (the New Guidelines). These changes include revisions to the price tests for some medicines marketed prior to the anticipated
PMPRB Update: delayed implementation of Patented Medicines Regulations amendments and new Guidelines
Changes to the Patented Medicine Prices Review Board (PMPRB) regime, contained in pending amendments to the Patented Medicines Regulations, have been delayed until January 1, 2022. These amendments form the basis for new PMPRB Guidelines, which
Generic allowed to plead new grounds of invalidity not raised in the Notice of Allegation
The Federal Court of Appeal (FCA) has confirmed that in an infringement action under the Patented Medicines (Notice of Compliance) Regulations, the “second person” (i.e., generic/biosimilar) is not precluded from pleading invalidity allegations in its
Federal Court of Appeal Gradually Phases Out Suspension Period
The Federal Court of Appeal (FCA) has begun to gradually restore filing deadlines in appeals before the Court that were subject to the Court’s Suspension Period.
Under the Suspension Period system, the progress of individual appeals has been