On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen’s patent relating to paliperidone...more
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
The Federal Court of Appeal (FCA) dismissed an appeal by Lilly from a decision of the Federal Court (see our previous article) which had granted a motion for summary trial brought by Teva, Pharmascience, Laboratoire Riva,...more
Lorsqu’une loi prévoit un droit d’appel limité d’une décision rendue par un tribunal administratif, est-il possible de présenter une demande de pourvoi en contrôle judiciaire à l’égard des questions non susceptibles d’appel...more
When a statute provides for a limited right of appeal from an administrative decision, is judicial review of the non-appealable aspects of the decision available only in rare or unusual cases?...more
The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more
The Supreme Court of Canada has granted Sanis Health, Shoppers Drug Mart, Sandoz Canada, and McKesson Canada leave to appeal Sandoz Canada v British Columbia, 2023 BCCA 306. The parties are defendants in a proposed class...more
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
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
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
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
Le 24 juillet 2020, la Cour suprême du Canada (la « CSC ») a publié sa décision dans l’affaire Société des loteries de l’Atlantique c. Babstock (« Babstock »). Dans sa première déclaration définitive sur cette question, la...more
On July 24, 2020, the Supreme Court of Canada (SCC) released its decision in Atlantic Lottery Corp. Inc. v. Babstock (Babstock). In its first definitive statement on this issue, the SCC held that waiver of tort is not an...more
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
Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more
Although the Supreme Court has suspended hearing appeals, the Court continues to issue judgments both on appeals and applications for leave to appeal. Hearings scheduled for March, April and May were adjourned on March 25,...more
In a recent decision, Edmonton (City of) v Ten 201 Jasper Avenue Ltd, 2020 ABCA 60, the Alberta Court of Appeal confirmed that a municipality must disclose all relevant information the municipality considered in preparing a...more
As previously reported, the Federal Court of Appeal (FCA) dismissed Millennium Pharmaceuticals and Janssen’s appeal from a decision granting Teva’s claim for compensation under section 8 of the Patented Medicines (Notice of...more
In Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67, one of the last decisions of the Supreme Court of Canada (“SCC”) in 2019, the court clarified the extent of a federally-regulated employer’s inspection...more
It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more
On October 30, 2019, the British Columbia Court of Appeal upheld the rectification of an erroneously calculated capital dividend account, saving the corporate taxpayer from a punitive 60% tax. ...more
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more
IN THIS ISSUE: - Federal Court dismisses Servier's application for order of prohibition regarding salt patent for perindopril arginine - FCA upholds issuance of NON-W letter and cancellation of reconsideration process...more
On May 24, 2019, a five-member panel of the British Columbia Court of Appeal (BCCA) unanimously determined that British Columbia's proposed amendments to the Environmental Management Act, SBC 2003, c 53 (the EMA) are...more
On May 2, 2019, the Supreme Court of Canada denied leave to appeal from the Ontario Court of Appeal’s decision in Lavender v Miller Bernstein LLP1. The Supreme Court’s decision marks the end of a 14-year legal battle that has...more