Smart & Biggar

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1100-150 York Street
Toronto, ON M5H 3S5, United States
Phone: 416.593.5514
Fax: 416.591.1690
Areas of Practice
  • Agriculture
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
Locations
Other Countries
  • Canada
Number of Attorneys
50-100 Attorneys

Rx IP Update - October 2017

Pfizer obtains orders of prohibition on polymorphic form patent - On September 22, the Federal Court, in a pair of decisions, granted Orders of prohibition under the Patented Medicines (Notice of Compliance) Regulations…more
 /  Administrative Law, Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Pfizer obtains orders of prohibition on polymorphic form patent

On September 22, the Federal Court, in a pair of decisions, granted Orders of prohibition under the Patented Medicines (Notice of Compliance) Regulations preventing Apotex and Teva from marketing their generic…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Update on AstraZeneca SCC and developments on “overpromising” under grounds other than utility

SCC Update. On October 23, 2017, the Supreme Court of Canada dismissed Apotex’s motion to amend the Supreme Court of Canada’s judgment in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 (reported here, relating to esomeprazole,…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Rx IP Update - September 2017

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent - In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36…more
 /  Civil Procedure, Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

New challenges and opportunities for pharmaceutical trademarks in Canada

In Canada, trademarks for pharmaceutical preparations and related products have faced numerous challenges, some of which are unique to the industry. This article will canvas the current issues as well as the important changes…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent

In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 [Esomeprazole](see our article here) on the utility requirement, the Federal Court of Appeal…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Canada introduces reporting mechanism for dangerous counterfeit goods, helping rights holders protect their brands at the border

Recently, the Canada Border Services Agency (CBSA), the federal organization responsible for policing Canada’s borders, issued a Customs Notice (CN17-27) to advise the public and rights holders that its 24/7 “Border Watch”…more
 /  Civil Remedies, Commercial Law & Contracts, Intellectual Property, International Law & Trade

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit from…more
 /  Art, Entertainment, & Sports Law, Civil Remedies, Construction Law, Intellectual Property

AstraZeneca succeeds in omeprazole patent infringement profits case

The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in…more
 /  Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Publication of Final Regulations on Patent Linkage and Term Restoration

On September 7, 2017, the Government of Canada published final pharmaceutical regulations flowing from CETA. According to an Order in Council, the new regulations will be in force on September 21, 2017…more
 /  Administrative Law, Health, Intellectual Property, Science, Computers, & Technology

Rx IP Update - August 2017

Gilead prevails in SOVALDI appeal - The Federal Court of Appeal recently affirmed a trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). In the trial decision, as previously reported, the Court…more
 /  Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Gilead prevails in SOVALDI appeal

The Federal Court of Appeal recently affirmed a trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). In the trial decision, as previously reported, the Court declared Idenix’s Patent No. 2,490,191…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Proposed amendments to the Canadian Patent Rules published for public consultation

The Government of Canada has opened a public consultation on proposed amendments to the Canadian Patent Rules, running from August 1 to September 8, 2017. The changes relate principally to pending amendments to the Patent Act…more
 /  Administrative Law, Intellectual Property, International Law & Trade

Down, but not out – initial adverse decision not a bar to future recovery of .ca domain name

A pair of recent decisions under the Canadian Internet Registration Authority (“CIRA”) Domain Name Dispute Resolution Policy (“CDRP”) demonstrate that a trademark owner who fails to obtain a domain name transfer at a first panel…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Communications & Media Law, Science, Computers, & Technology

Rx IP Update - July 2017

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM…more
 /  Civil Procedure, Consumer Protection, Health, Intellectual Property, Science, Computers, & Technology
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