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Silicon Valley North – A Primer On Quebec's Tax Incentives: R&D, E-Business And Patent Box Incentives
In recent years, Canada has sometimes been labelled "Silicon Valley North" and Montreal was recently ranked one of the best tech cities in the world in which to live.
2 May 2017
Federal Court Opines On Precedential Value Of Prior PM(NOC) Proceedings And Scope Of Experimental Use Exception To Public Disclosure
The Federal Court's decision in the consolidated proceedings of Bayer Inc. v Cobalt Pharmaceuticals Company offers useful guidance as to the precedential value of proceedings...
29 Nov 2016
Competition Bureau Completes Update Of Intellectual Property Enforcement Guidelines
The 2016 IPEGs conclude a more than two-year process of updating the Bureau's IPEGs, which were first published in 2000 (the 2000 IPEGs).
27 Apr 2016
Federal Court Of Appeal Clarifies Industrial Design Act
In Zero Spill Systems (Int'l) Inc. v Heide (Zero Spill), the Federal Court of Appeal (FCA) has clarified that a functional feature of an industrial design may be protected under the Industrial Design Act.
14 Jul 2015
Competition Bureau Releases "Phase II" Draft Revision Of The Intellectual Property Enforcement Guidelines
On June 16, 2015, the Competition Bureau released an updated draft version of the Intellectual Enforcement Property Guidelines (IPEGs), which set out its approach to enforcing the Competition Act against potentially anti-competitive practices involving intellectual property.
22 Jun 2015
Canada-Europe Open New Patent Prosecution Highway Pilot Program
The Canadian Intellectual Property Office (CIPO) has entered into a new Patent Prosecution Highway (PPH) pilot agreement with the European Patent Office (EPO).
18 Feb 2015
Federal Court Rejects Inventorship Claim: Design Input Does Not A Co-Inventor Make
The Federal Court rejected a claim by Drexan Energy Systems Inc. to have two additional individuals named as co-inventors of the heating cable described in Canadian Patent 2,724,561.
15 Dec 2014
Competition Bureau Sets Out Preliminary Views On Patent Agreement Settlement Enforcement
On September 23, 2014, John Pecman, the Commissioner of Competition, delivered the keynote address at the George Mason University Pharma Conference.
29 Oct 2014
Court Of Appeal Clarifies - For Utility The Promise Of The Patent Must Be "Clear And Unambiguous"
The FCA reiterated that not every patent contains an explicit promise of utility and that there is no legal obligation to disclose the utility of the invention in the patent.
29 Aug 2013
White House Pushes For Innovation In U.S. Patent System
The President of the United States recently announced seven legislative recommendations to Congress and five executive actions designed to protect innovators from frivolous litigation and to better the quality of patents issued by the United States Patent and Trademarks Office.
21 Jun 2013
Supreme Court Issues Clear Warning Of Need To Respect The "Patent Bargain"
On Thursday, November 8, 2012, a unanimous Supreme Court of Canada issued a decision with significant implications for those wishing to obtain or enforce Canadian patent rights.
26 Nov 2012
It's Not Over Yet - Patent Lapse Due To Clerical Error May Yet Be Saved
On July 27, 2012, the Federal Court of Canada - for the second time - quashed a decision of the Commissioner of Patents to refuse to correct a clerical error relating to Repligen Corporation’s Canadian Patent # 1,341,486.
13 Aug 2012
Federal Court Prevents Minister Of Health From Allowing Sale Of Generic Version Of Immunosuppressive Drug MMF
In an application pursuant to the Patented Medicines (Notice of Compliance) Regulations, Hoffman-La Roche sought an order preventing the Minister of Health from issuing a notice of compliance to Apotex for the drug mycophenolate mofetil (MMF).
5 Sep 2011
Federal Court Of Appeal Confirms That Eli Lilly's Patent To Atomoxetine Is Invalid For Lack Of Utility
The Federal Court of Appeal recently released its decision in Eli Lilly and Company v Teva Canada Ltd, confirming the trial court’s finding.
23 Aug 2011
Federal Court Grants Rare Motion To Re-Open Patent Infringement Trial
Parties to a patent action often wonder after trial what the outcome would have been if they had just been able to locate that key piece of evidence they know is out there … somewhere …
16 May 2011
Apotex Denied Damages For The Delay It Experienced In Bringing Its Generic Version Of The Medicine Lovastatin To Market
In a recent decision in Apotex Inc. v. Merck & Co., Inc., 2010 FC 1264, the Federal Court denied Apotex damages resulting from the delay it experienced in bringing its generic version of the drug lovastatin to market as a result of Merck’s prohibition application.
14 Feb 2011
Federal Court Finds Apotex infringed Merck's Product-By-Process Patent For Lovastatin
In Merck & Co. Inc. v. Apotex Inc., the Federal Court found Apotex to have infringed Merck’s Canadian Patent No. 1,161,380 (‘380 Patent), a product-by-process patent for the medicine lovastatin.
14 Feb 2011
Federal Court Confirms That It Will Not Set Aside Default Judgment Lightly
A recent decision of the Federal Court emphasizes that defendants bear a significant burden in setting aside default judgments that arise because the defendant has simply failed to file a statement of defence within the allotted period of time
1 Feb 2011
Supreme Court Of Canada Finds Patented Medicine Prices Review Board Has Jurisdiction Over Price Of Thalomid In Canada
The Supreme Court of Canada released a decision on January 20, 2011 in Celgene Corp. v. Canada (Attorney General), 2011 SCC 1 that may have a chilling effect on the availability of medicines under Health Canada’s Special Access Program (SAP).
1 Feb 2011
Dedication of Merck Patent Insufficient to Defeat Allegation of Double Patenting
A recent decision of the Federal Court expounded on the harm that can occur if two patents issue for the same invention.
5 Dec 2010
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