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Federal Court denies samples for testing infringement of biologic process patent

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By Paul Jorgensen & Kristin Wall on December 5, 2024

The Federal Court recently refused to order a defendant to produce samples of cell culture because there was no “reasonable possibility” that testing the samples would yield evidence of patent infringement.  In pharmaceutical patent cases, testing samples of a defendant’s…

Supreme Court of Canada grants leave to appeal methods of medical treatment patentability decision

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By Pardeep Heir, Christopher A. Guerreiro & Brian R. Daley on September 19, 2024

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…

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Federal Court of Appeal clarifies law on patentability of methods of medical treatment

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By Christopher A. Guerreiro, Brian R. Daley & Pardeep Heir on February 29, 2024

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…

Federal Court of Appeal clarifies scope of implied licence on sale of patented medicine

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By Christopher A. Guerreiro, Brian R. Daley & Pardeep Heir on February 5, 2024

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…

Pharma in Brief’s 2023 Year in Review and Trends for 2024

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By Kristin Wall, Christopher A. Guerreiro, Paul Jorgensen & Pardeep Heir on January 10, 2024

As you start the new year, allow us to recap 2023’s important legal and regulatory developments for Canadian pharma. We also flag what to watch out for in 2024. 

The most significant legal development in 2023 was the introduction of…

Federal Court refuses to issue injunction on infringed antibody formulation patent

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By Christopher A. Guerreiro, Brian R. Daley & Paul Jorgensen on December 17, 2023

On December 4, 2023, the Federal Court held that a patent claiming a formulation of adalimumab, a monoclonal antibody used to treat autoimmune diseases, is valid and is being infringed by a biosimilar product. However, the Court refused to issue…

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

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By Kristin Wall, Paul Jorgensen & Pardeep Heir on September 19, 2023

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…

Bill C-47 introduces patent term adjustment: Proposed term to run concurrently with term of Certificate of Supplementary Protection

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By Paul Jorgensen, Anna Wilkinson & Kristin Wall on May 1, 2023

On April 20, 2023, the federal government tabled legislation (Bill C-47) that would amend the Patent Act to bring, for the first time, a system of general patent term adjustment (PTA) into Canada. Canada is required…

U.S. Trade Representative cites Canada’s “IP problems” including pharmaceutical patent protection

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By Kristin Wall & Paul Jorgensen on April 27, 2023

On April 26, 2023, the Office of the United States Trade Representative (USTR) released its 2023 Special 301 Report on intellectual property. The report keeps Canada on a Watch List of 29 U.S. trading partners that “merit bilateral attention…

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

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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…

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