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Government of Canada Responds to Parliamentary Committee Report on PMPRB Reform

Uncategorized /

On May 6, 2024, Canada’s Standing Committee on Health (“HESA”) issued a report containing “ten recommendations on how the Government of Canada can enable the Patented Medicine Prices Review Board (“PMPRB”) to more effectively carry out its mandate and implement its reforms” (“Report”). HESA called on the Government of Canada to “table a comprehensive response […]

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Rovi #2: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Bell and Telus)

IP Decisions /

  On August 6, 2024, the Federal Court of Appeal (per Gleason JA; Stratas and Monaghan JJA, concurring) held that two patents owned by Rovi Guides [Rovi] were invalid. Nonetheless, in obiter, the FCA provided clarification on the circumstances in which an accounting of profits and a permanent injunction are available as remedies for patent

Rovi #2: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Bell and Telus) Read More »

Rovi #1: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Videotron)

IP Decisions /

  On August 6, 2024, the Federal Court of Appeal (per Gleason JA; Stratas and Monaghan JJA, concurring) held that two patents owned by Rovi Guides [Rovi] were invalid for obviousness. Nonetheless, in obiter, the FCA held that the trial judge erred in several aspects of his remedial analysis, including the correct approach for deciding

Rovi #1: Federal Court of Appeal Confirms Interactive Television Program Guide Patents Are Invalid (Rovi ats. Videotron) Read More »

FCA holds that Anticipation by Publication is a Difficult Defence to Establish

IP Decisions /

On August 19, 2024, the Federal Court of Appeal (per Locke JA; Woods and Laskin JJ.A., concurring) held that a patent claiming a specific herbicide (flucarbazone sodium) for the selective control of wild oats was not anticipated by two prior patents disclosing genera of herbicides for a variety of uses. Agracity Crop v. Upl Na

FCA holds that Anticipation by Publication is a Difficult Defence to Establish Read More »

Federal Court finds Jamp’s nintedanib capsules to infringe Boehringer’s use patent but not its formulation patent

IP Decisions /

On August 8, 2024, the Federal Court (per Furlanetto J.) held that a patent directed to nintedanib for use in the prevention or treatment of idiopathic pulmonary fibrosis (“IPF”) was valid and infringed, while a patent directed to formulations of nintedanib was not infringed.  Boehringer Ingelheim (Canada) Ltd. et al v. Jamp Pharma Corporation, 2024

Federal Court finds Jamp’s nintedanib capsules to infringe Boehringer’s use patent but not its formulation patent Read More »

Patent for Agricultural Computer System Held Invalid for Anticipation and Obviousness

IP Decisions /

On June 18, 2024, the Federal Court (per McHaffie J.) held that a patent for a computer system used to collect and process agricultural data was invalid for anticipation and obviousness.  Agi Suretrack, LLC v. Farmers Edge Inc., 2024 FC 934 Background Canadian Patent No 2,888,742 (the “742 Patent”) entitled “Farming Data Collection and Exchange

Patent for Agricultural Computer System Held Invalid for Anticipation and Obviousness Read More »

Federal Court Makes Rare Holding that Patent Claims are Invalid for Ambiguity

IP Decisions /

Co-authored by Emily Papsin The Federal Court recently held (per McHaffie J.) that the impugned claims of two related patents for an additive manufacturing process (3D printing) were invalid and not infringed because an essential element (“depletion layer”) was ambiguous. Tekna Plasma Systems Inc. v. AP&C Advanced Powders & Coatings Inc., 2024 FC 871 Background

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Court Overturns TMOB Decision Based on New Evidence of Earlier and Continuous Use

IP Decisions /

The Federal Court (Tsimberis J.) recently held that the Applicant, F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. (“Applicant” or “Fial”) is entitled to register the trademark, GALPERTI pursuant to ss. 38(2)(c) and 16(1)(a) of the Trademarks Act (the “Act”) in an appeal of a decision of the Trademarks Opposition Board (“Board”) that had refused Fial’s application

Court Overturns TMOB Decision Based on New Evidence of Earlier and Continuous Use Read More »

Supreme Court of Canada Dismisses Application for Leave in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10

IP Decisions /

On June 27, 2024, the Supreme Court of Canada dismissed the applications for leave to appeal in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10, both Federal Court of Appeal decisions pertaining to inducing infringement of a patented dosing regimen. We published

Supreme Court of Canada Dismisses Application for Leave in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10 Read More »