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December 2023

Federal Court Determines the Inventive Concept of an Improved Drug Formulation

IP Decisions /

In this Federal Court decision (per Pentney J.), the plaintiffs Allergan and AbbVie (“Allergan”) were successful in upholding the validity of their 691 Patent. The defendant (“Juno”) conceded that its proposed generic drug product would infringe the 691 Patent. The main issues before the Court were obviousness and sufficiency. Allergan v Juno, 2023 FC 1686 […]

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Announcement of a new Canadian Drug Agency by the Government of Canada

Announcements /

On December 18, 2023, the Government of Canada announced the creation of the Canadian Drug Agency (“CDA”) built from CADTH in partnership with provinces and territories. The implementation of CDA is supported by an investment of $89.5 million over 5 years.   The creation of the CDA has been in the works for many years.

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Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part III

IP Decisions /

Co-written with Dino Clarizio This is the third of a series of three posts discussing some of the issues addressed by the trial judge (McVeigh J.) in NCS v Kobold, 2023 FC 1486. The three issues we discuss are those that arise less frequently in patent cases. They are: Topic 1: Priority Date (Post #1)Topic

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Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part II

IP Decisions /

Co-written with Dino Clarizio This is the second of a series of three posts discussing some of the issues addressed by the trial judge (McVeigh J.) in NCS v Kobold, 2023 FC 1486. The three issues we discuss are those that arise less frequently in patent cases. They are: Topic 1: Priority Dates (Post #1)Topic

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Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part I

IP Decisions /

Co-written with Dino Clarizio In a complex patent infringement action involving five NCS patents and one Kobold patent relating to tools and sleeves used in oil well drilling, the Federal Court (per McVeigh J.) held that NCS’s patents were invalid and not infringed, and that Kobold’s patent was valid and infringed by NCS. As a

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