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Patents Canada Intellectual Property Litigation

Smart & Biggar

SCC to revisit “method of medical treatment” patent claims

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This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to “methods of medical treatment”. In the underlying action, Janssen asserted that Pharmascience would infringe...more

Smart & Biggar

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

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How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case...more

Smart & Biggar

Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined...

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On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendant’s Canadian Patent No 3,003,502 (502...more

Blake, Cassels & Graydon LLP

Un jugement clarifie les délais de prescription applicables aux réclamations pour contrefaçon de brevet en Alberta

Le 28 janvier 2025, une rare formation de cinq juges de la Cour d’appel de l’Alberta (l’« ABCA ») a rendu un jugement unanime et très attendu dans l’affaire JL Energy Transportation Inc. v. Alliance Pipeline Limited...more

Smart & Biggar

Avoiding the hindsight trap in the context of a patent obviousness analysis

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While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice....more

Smart & Biggar

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events...

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In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more

Smart & Biggar

Canadian IP litigation 2024: a year in review

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In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity...more

Blake, Cassels & Graydon LLP

Limitations for Patent Infringement Claims: Alberta Law Clarified by Rare Five-Member Appellate Panel

On January 28, 2025, a rare five-member panel of the Alberta Court of Appeal (ABCA) issued its unanimous and much-anticipated decision in JL Energy Transportation Inc. v. Alliance Pipeline Limited Partnership (Decision). The...more

Smart & Biggar

[Webinar] Canadian IP litigation 2024: a year in review - February 12th, 12:00 pm - 1:00 pm ET

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Join us for an insightful session as our presenters Matthew Burt, Daniel Davies and Jean-Sébastien Dupont provide an annual summary of key developments in Canadian IP litigation. This webinar offers a valuable opportunity for...more

Smart & Biggar

[Webinar] Canadian patent law 2024: a year in review - February 11th, 12:00 pm - 1:00 pm ET

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2024 was an active year in Canadian patent law. Canadian courts issued several decisions on the merits regarding invalidity and/or infringement, and considered due care in the context of paying maintenance fees, regulatory...more

Bennett Jones LLP

A Landmark Summer for Design Patent Law

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The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the U.S. Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Kilpatrick

4 Key Takeaways | Major U.S. Supreme Court Trademark & Copyright Decisions

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Kilpatrick partner Ted Davis spoke recently at the annual meeting of the Intellectual Property Institute of Canada concerning recent trademark decisions of the Supreme Court of the United States....more

Bennett Jones LLP

Artificial Intelligence Patenting: Top Challenges and Key Considerations

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In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications....more

International Lawyers Network

Protecting Confidential Information in Canada: Is there a Better Way?

The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more

Smart & Biggar

Supreme Court of Canada Leave Applications - May 2020

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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

Smart & Biggar

Rx IP Update - March 2019

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Federal Court finds invalidity allegations relating to patent for metformin formulations not justified - On March 8, 2019, Justice Fothergill granted Valeant Canada’s application for an order prohibiting the Minister of...more

Smart & Biggar

Rx IP Update - 2018 Mid-Year Highlights in Canadian Life Sciences IP

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In this special mid-year edition, we take a look at the major highlights in Canadian life sciences and intellectual property law that we have reported on over the last six months, starting with one of the most closely-watched...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

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2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

WilmerHale

IP World Tour: Snapshots of Overseas IP Protection

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No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

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