Chambers and Partners has recently published its 2024 Life Sciences Global Practice Guide. Markwell Clarizio LLP is very pleased to have been invited to be the exclusive author of the Canadian sections of this comprehensive practice guide which is considered the “definitive global law guide offering comparative analysis from top ranked lawyers”. In the Canadian […]
The Federal Court of Appeal (per Heckman J.A.) dismissed an appeal by Steelhead LNG (ASLNG) Ltd. and Steelhead LNG Limited Partnership (collectively, “Steelhead”) from a summary trial judgment dismissing Steelhead’s patent infringement action. This appeal turned on the meaning of “use” under section 42 of the Patent Act. Steelhead LNG (ASLNG) Ltd v Arc Resources
Federal Court of Appeal Interprets “Use” in Section 42 of the Patent Act Read More »
The Federal Court of Appeal (per Locke JA.) affirmed a trial decision in which claims in Lilly’s patent covering physiologically acceptable salts of tadalafil were found to be invalid for overbreadth and insufficiency. The principal issue on appeal was the proper construction of the claim term “physiologically acceptable”, though the Court’s obiter statements regarding the
Federal Court of Appeal Confirms That Cialis Patent is Invalid Read More »
The Federal Court (Tsimberis J.) dismissed an appeal by Promotion in Motion, Inc. (“PIM”) from a Trademark Opposition Board (“Board”) decision refusing PIM’s applications to register its SWISSKISS mark and SWISSKISS & Design mark in association with “chocolate of Swiss origin”. Hershey Chocolate & Confectionary LLC (“Hershey”) successfully opposed PIM’s applications based on Hershey’s registered
In Medexus Pharmaceuticals v Accord Healthcare (2024 FC 424), Justice Pallotta dismissed the plaintiffs’ (“Medexus”) patent infringement action after finding that the patent at issue (“662 Patent”) was invalid for obviousness. The 662 Patent related to concentrations of subcutaneously injected methotrexate solutions used to treat rheumatoid arthritis and psoriasis/psoriatic arthritis. The decision addresses an interesting
