Tag archives: Pharmaceuticals and life sciences

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

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 obvious and that some were anticipated. This is the third decision on the merits of an action under the Regulations since they were amended in September 2017. We previously reported on the first and second trial judgments.

The actions. Continue Reading

Top Headlines of 2018

Last year ushered in a number of changes to the Canadian pharmaceutical and life sciences sector. 2018 also served as a year to explore the impacts of major intellectual property decisions and regulatory changes from 2017 including the impact of the Supreme Court’s decision in NEXIUM striking down the Promise Doctrine and the implementation of CETA on single-track patent litigation under the newly amended Patented Medicines (Notice of Compliance) Regulations. Further, a number of IP and regulatory developments arose, such as: the potential for a national pharmacare program, advances to the self-care products framework for non-prescription drugs, natural health … Continue Reading

Pharma in brief – TMOB dismisses section 45 proceedings for the trade-mark REMODULIN

Case: Blake, Cassels & Graydon LLP v United Therapeutics Corporation, 2017 TMOB 9

Trade-Mark: REMODULIN

Nature of case: Summary expungement proceedingpursuant to section 45 of Trade-marks Act

Successful party: United Therapeutics Corporation

Date of decision: January 26, 2017

Summary

The Trademarks Opposition Board (TMOB) accepted United Therapeutics Corporation’s evidence of use of the trade-mark REMODULIN in association with pharmaceutical preparations in the treatment of cardiovascular, pulmonary and vascular diseases, and maintained both registrations.

The TMOB accepted United’s evidence of use based on sample invoices and photographs of individual packaging and shipping boxes. The TMOB further accepted the affiants’ evidence … Continue Reading

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