Pardeep Heir

Guidance on inventor discovery and “invention story” evidence in Canadian patent actions: Federal Court rules in favour of patentee

By Pardeep Heir, Paul Jorgensen and Kristin Wall on September 19, 2023 Posted in Intellectual property

In three recent decisions, released in July and August, the Federal Court addressed questions concerning inventors and the “invention story” during Canadian patent litigation. The Court found that: (i) a patentee has no duty to facilitate inventor discovery; (ii) patentee’s counsel can object to questions during an inventor examination; and (iii) a patent challenger must … Continue reading

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

By Pardeep Heir, Christopher A. Guerreiro and Kristin Wall on August 15, 2022 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

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 at issue to be valid. Background Bristol-Myers Squibb Canada Co. (BMS) markets ELIQUIS® (apixaban) in Canada for the treatment of thrombosis. … Continue reading

Federal Court finds 45-day limitation period does not apply to s 8.2 PM(NOC) related rights of action for unlisted patents

By Pardeep Heir, Paul Jorgensen and Kristin Wall on March 2, 2021 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

Summary The Federal Court has held that the “related right of action” for infringement of unlisted patents under section 8.2 of the Patented Medicines (Notice of Compliance) Regulations (Regulations) is not subject to the 45-day limitation period familiar to patentees asserting infringement of listed patents under subsection 6(1). Background Merck Canada Inc. and Merck Sharp … Continue reading