News & Analysis as of

Canada Appeals Patents

Smart & Biggar

Supreme Court of Canada dismisses Apotex’s application for leave to appeal macitentan inducing infringement decision

Smart & Biggar on

As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal of a decision relating to macitentan (Janssen’s OPSUMIT), which found that Apotex would induce infringement of Janssen’s patent....more

Smart & Biggar

Federal Court of Appeal affirms paliperidone palmitate claims are not unpatentable methods of medical treatment

Smart & Biggar on

In a 2022 decision involving Janssen and Pharmascience, the Federal Court found that the claims of Canadian Patent No. 2,655,335 (335 patent, relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA)) were not invalid...more

Smart & Biggar

FCA upholds inducement of infringement findings relating to paliperidone palmitate.

Smart & Biggar on

As previously reported, the Federal Court released a pair of decisions relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA), finding in a summary trial that each of Pharmascience and Apotex would induce infringement...more

Smart & Biggar

LUMIGAN RC formulation patent found valid and infringed

Smart & Biggar on

In a patent infringement action brought by Allergan and AbbVie under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (Regulations), in relation to 0.01% w/v bimatoprost solution for ophthalmic...more

Smart & Biggar

2023 Highlights in Canadian Life Sciences IP and Regulatory Law

Smart & Biggar on

Eli Lilly v Teva, Pharmascience, Riva, Apotex, Mylan (tadalafil, CIALIS) – Following a summary trial, Lilly’s infringement actions were dismissed: composition claims directed to “a physiologically acceptable salt” of...more

Smart & Biggar

FCA dismisses appeal, patent not listable against STELARA SNDS

Smart & Biggar on

As previously reported, the Federal Court (FC) dismissed Janssen’s application for judicial review of the decision of the Office of Submissions and Intellectual Property (OSIP) refusing to list Canadian Patent No. 3,113,837...more

Smart & Biggar

Canadian Patent law 2022: A Year in Review

Smart & Biggar on

2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions...more

Smart & Biggar

Ontario Court of Appeal affirms dismissal of Apotex’s Statutes of Monopolies and Trademarks Act claims regarding olanzapine

Smart & Biggar on

On March 8, 2021, the Ontario Superior Court of Justice dismissed Apotex’s claims against Eli Lilly (Lilly) under the Statute of Monopolies, Trademarks Act, and common law conspiracy relating to Canadian Patent No. 2,041,113...more

Smart & Biggar

Federal Court of Appeal upholds invalidity of fampridine patent

Smart & Biggar on

The Federal Court of Appeal (FCA) dismissed an appeal by Biogen and a cross-appeal by Taro from a decision of the Federal Court... dismissing two actions by Biogen under the Patented Medicines (Notice of Compliance)...more

Smart & Biggar

Supreme Court of Canada denies leave regarding lisdexamfetamine patent decision

Smart & Biggar on

As previously reported, Apotex sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 52) affirming a Federal Court decision finding that the claims of a patent relating to lisdexamfetamine (Shire’s...more

Smart & Biggar

PM(NOC) Regulations: Fourth year following major amendments

Smart & Biggar on

September 21, 2021 marked the fourth anniversary of the significant amendments to the Patented Medicines (Notice of Compliance) Regulations (Regulations). This article provides an update on activities in the fourth year...more

Smart & Biggar

Federal Court of Appeal upholds decision finding Seedlings' LifeCard patent invalid and not infringed by Pfizer’s EpiPen

Smart & Biggar on

On July 28, 2021, the Federal Court of Appeal (FCA) dismissed Seedling’s appeal from the Federal Court decision of Justice Grammond (2020 FC 1, previously reported), which concluded that certain claims of Seedlings' LifeCard...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

Smart & Biggar on

Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

Smart & Biggar

Federal Court of Appeal finds summary trial appropriate, upholds dismissal of ViiV’s action for patent infringement re: Gilead’s...

Smart & Biggar on

Update: On September 15, 2021, ViiV applied to the Supreme Court of Canada for leave to appeal (Docket No. 39823). The Federal Court of Appeal dismissed an appeal by ViiV from a decision of the Federal Court granting...more

Smart & Biggar

Federal Court dismisses Roche’s PMNOC Regulations actions against Sandoz re: pirfenidone

Smart & Biggar on

By judgment dated May 12, 2021, the Federal Court dismissed patent infringement actions related to Sandoz’s pirfenidone capsules and tablets for the treatment of idiopathic pulmonary fibrosis (IPF) (Roche’s ESBRIET):...more

Smart & Biggar

Apotex seeks leave to appeal lisdexamfetamine patent decision

Smart & Biggar on

As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal from a decision holding that the claims of a patent relating to lisdexamfetamine (Shire’s VYVANSE) were valid and prohibiting the Minister of...more

Smart & Biggar

Federal Court of Appeal finds Minister of Health’s refusal to grant a CSP for SHINGRIX is reasonable

Smart & Biggar on

In the first appellate decision relating to Certificates of Supplementary Protection (CSPs), the Federal Court of Appeal has allowed the appeal of the Minister of Health (the Minister), setting aside the lower court judgment....more

Smart & Biggar

Federal Court of Appeal upholds Federal Court decision finding Shire’s VYVANSE patent valid

Smart & Biggar on

Update: On October 7, 2021, the Supreme Court of Canada denied Apotex’s leave to appeal (Apotex v Shire, Docket No. 39662). The Federal Court of Appeal (FCA) recently dismissed an appeal by Apotex from a decision of the...more

Smart & Biggar

Supreme Court denies leave of interlocutory decision in pregabalin section 8 case

Smart & Biggar on

On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) a decision upholding an interlocutory decision on a question relevant to the assessment of section 8...more

Smart & Biggar

Federal Court of Appeal dismisses appeal of first trial decision under the amended PMNOC Regulations

Smart & Biggar on

UPDATE: On July 9, 2021, the Supreme Court of Canada denied Amgen’s leave to appeal (see article here). On November 3, 2020, the Federal Court of Appeal heard and dismissed the appeal of the first trial decision under the...more

Smart & Biggar

Supreme Court denies leave in perindopril accounting of profits decision

Smart & Biggar on

On September 24, 2020, the Supreme Court of Canada denied leave to Apotex (Docket No. 39172) with respect to a decision affirming the quantum of profits payable to the Plaintiffs ADIR and Servier for infringement of ADIR’S...more

Smart & Biggar

Update on amended Patented Medicines Regulations

Smart & Biggar on

Federal Court decision appealed - Both the applicants and the respondent have appealed the June 29, 2020 decision striking subsection 3(4) of the Regulations Amending the Patented Medicines Regulations (Additional Factors...more

Smart & Biggar

Federal Court of Appeal refuses to grant stay of Federal Court decision remanding Health Canada’s refusal of SHINGRIX CSP

Smart & Biggar on

The Federal Court of Appeal recently dismissed a motion brought by the Minister of Health (the Minister) for stay of a judgment of the Federal Court that held Health Canada’s refusal to issue a Certificate of Supplementary...more

Smart & Biggar

On redetermination, PMPRB concludes that Galderma’s patent ‘pertains to’ DIFFERIN

Smart & Biggar on

On May 7, 2020, the Patented Medicines Prices Review Board (PMPRB or Board) ordered Galderma to file prescribed sales and financial information for DIFFERIN (0.1% adapalene) until the expiry of the 237 patent (2,478,237),...more

Smart & Biggar

Supreme Court of Canada Leave Applications - May 2020

Smart & Biggar on

UPDATE: UPDATE: On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) (see article here). Pfizer seeks leave in pregabalin section 8 case As previously...more

73 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide