The Federal Court of Appeal (FCA) has allowed an appeal concerning induced infringement in an action under the Patented Medicines (Notice of Compliance) Regulations (Regulations). The FCA found that the Federal Court (FC) had
Federal Court of Appeal
Higher costs awards coming to the Federal Court, including for pharma regulatory and IP disputes
Higher costs awards for Federal Court litigation are on the horizon, with the Canadian government consulting on proposed amendments to the costs structure in the Federal Courts Rules (the Rules). The proposed amendments are intended to increase costs awards…
FCA upholds selection patent protecting apixaban and rejects that a second patented invention was obvious to try
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…
Amendments to the Federal Courts Rules
On June 17, 2021, a series of amendments to the Federal Courts Rules (the Amended Rules), were registered and came into force. On July 7, 2021, the Amended Rules were officially published in the Canada Gazette Part II.…
Federal Court of Appeal Restores Suspension Period
On April 21, 2021, the Federal Court of Appeal (FCA) announced that it will restore the Suspension Period by default for all new matters and begin reinstating the Suspension Period on existing matters by removing them from its Selected Files…
Federal Courts update guidance on COVID-19
The Federal Court of Appeal (FCA) provided updated guidance for resuming hearings starting September 1, 2020 and clarified the effect of the federal Time Limits and Other Periods Act (COVID-19) on timelines for commencing and conducting litigation in…
Federal Courts begin to phase out the Suspension Period
On June 11, 2020 the Federal Court (FC) and Federal Court of Appeal (FCA) published updated notices to gradually phase out the Suspension Period, which had previously been extended to June 15, 2020.
Federal Court
The…
Federal Courts Extend Suspension Periods to June 15
The Federal Court of Appeal (FCA) and the Federal Court (FC) have extended their Suspension Periods to June 15, 2020.
Federal Court of Appeal
On May 28, 2020, the FCA issued a Notice to the Parties…
Federal Court of Appeal revisits obviousness: guidance provided on “inventive concept” and “obvious to try” test
Case: Bristol-Myers Squibb Canada Co v Teva Canada Limited, 2017 FCA 76 (A-191-16), aff’g (for different reasons) 2016 FC 580 (Court File No. T-1364-14)
Drug: REYATAZ® (atazanavir bisulfate)
Nature of case: Appeal from application for prohibition order granted…