On September 19, 2024, the Supreme Court of Canada granted an application for leave to appeal in a case concerning the scope of patentable subject-matter in Canadian law, focusing on an area known as “methods of medical treatment” (MMT
Christopher A. Guerreiro
Federal Court addresses treatment and formulation patent claims in PMNOC case
The Federal Court (FC) has upheld the validity of a patent concerning treatment of idiopathic pulmonary fibrosis (IPF) and granted injunctive relief against the generic in an infringement action under section 6 of the Patented Medicines…
British Columbia signs first funding agreement under the national rare disease strategy
Drug pricing: PMPRB launches next phase of the Guidelines consultation
The Patented Medicine Prices Review Board (PMPRB) has released a new Discussion Guide for consultation on new price review Guidelines. The Discussion Guide outlines a proposed new price review process and requests stakeholder feedback on several specific topics…
CADTH to Transform into Canada’s Drug Agency
Canada’s Drug and Health Technology Agency (CADTH) has announced that, as of May 1, 2024, its new operating name will be Canada’s Drug Agency / l’Agence des médicaments du Canada (CDA-AMC). The official launch will occur…
Drug pricing: PMPRB announces next steps in Guidelines consultation
The Patented Medicine Prices Review Board (PMPRB) has announced new details regarding the progress of its consultation on new price review Guidelines.
Phase 2: Discussion Guide
The next phase of the PMPRB’s consultation will begin in summer 2024…
Federal Court of Appeal clarifies law on patentability of methods of medical treatment
The Federal Court of Appeal (FCA) has held that in order to determine whether a patent claims an unpatentable method of medical treatment (MMT), it is necessary to determine whether the use of the invention requires…
Drug pricing: PMPRB releases “What We Learned” Report on guidelines consultation
The Patented Medicine Prices Review Board (PMPRB or Board) has released a “What We Learned” Report (the Report), marking the next step along the path to new Guidelines. The Report was prepared by Phoenix Strategic Perspectives Inc.…
Federal Court finds trademark confusion between the names of two approved biologics
The Federal Court (FC) has found the brand name of a biologic drug to be confusingly similar to the brand name of a drug used to treat the same disorder, but with a different active ingredient. The application…
Federal Court of Appeal clarifies scope of implied licence on sale of patented medicine
The Federal Court of Appeal (FCA) has held that the sale of a single dose of a patented multi-dose regimen does not provide an implied license to use the entire patented dosing regimen. As a result, it is…