Tag archives: Patent

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

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

By Kristin Wall, Anna Wilkinson and Paul Jorgensen on May 1, 2023 Posted in Intellectual property, Pharmaceuticals and life sciences

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 under the Canada-United States-Mexico Agreement (CUSMA) to adopt a PTA system by 2025. The PTA system is intended to … Continue reading

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

By Paul Jorgensen and Kristin Wall on April 27, 2023 Posted in Intellectual property, Pharmaceuticals and life sciences

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 to address underlying IP problems”. The report is the USTR’s annual review of the global state of … Continue reading

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

By Paul Jorgensen, David Yi and Daniel Daniele on June 1, 2020 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

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). The Court found that all the asserted claims – to uses for treating multiple sclerosis (MS) – were … Continue reading

Federal Court dismisses motion for determination of an issue of law under the new PM(NOC) Regulations

By Pharma in Brief team on November 29, 2019 Posted in Pharmaceuticals and life sciences

The Federal Court dismissed Pharmascience Inc.’s (Pharmascience) motion to determine a question of law on the issue of whether a first person can commence an action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations) for a drug for which there are no patents listed on the patent register. The Court … Continue reading

CETA tracker: patent term restoration is coming soon to Canada – what you need to know now

By Kristin Wall and Chelsea Nimmo on May 4, 2017 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

Treaty/Act: CETA/Bill C-30 (An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures) With Canada moving closer towards implementing the Comprehensive Economic and Trade Agreement (CETA), major reforms to Canada’s Patent Act are coming soon, including the availability … Continue reading

Supreme Court dismisses leave to appeal regarding test for obviousness-type double patenting in tadalafil s.6 case

By Louisa Pontrelli on May 4, 2017 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

Case: Apotex Inc v Eli Lilly Canada Inc, et al (SCC Docket 37368) Drug: CIALIS® (tadalafil) Nature of case: Application for leave to appeal decision upholding prohibition order granted pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations) Successful party: Eli Lilly Canada Inc. and ICOS Corporation (collectively Eli Lilly) Date of decision: April … Continue reading

Current directions in regulatory and intellectual property law in Canadian pharmaceutical cases

By Pharma in Brief team on April 10, 2017 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

Recent pharmaceutical cases in regulatory and intellectual property law have resulted in developments on several fronts, including: regulatory matters; patent validity and damages; Patented Medicines (Notice of Compliance) Regulations proceedings; and class actions. In this paper, we review some of the most notable Canadian decisions from 2015 that will continue to impact the legal landscape … Continue reading