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 […]
Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part II Read More »
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
Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part I Read More »
Federal Court of Appeal (Locke JA writing) holds that PMNOC Regulations do not allow a first person to amend an existing patent list to create a new patent linkage. Janssen Inc. v. Canada (Health) – Federal Court of Appeal (fca-caf.ca) Janssen Inc. v. Canada (Health) – Federal Court (fct-cf.gc.ca) This decision concerns the arcane timing
FCA Reaffirms Strict Rules for Patent Lists Under the PMNOC Regulations Read More »
Federal Court (per McHaffie J.) dismisses motion to bifurcate a patent infringement action due to insufficient evidence. Bessette v. British Columbia – Federal Court (fct-cf.gc.ca) In Canada, the default process for patent infringement actions is that all issues are heard and decided together in a single trial. However, the Federal Court has a discretionary power
Magnitude of Savings as a Factor on Bifurcation Motions Read More »
The Federal Court of Appeal (Locke JA writing for the Court) recently confirmed the threshold for establishing a sound prediction of utility. Sandoz v Janssen 2023 FCA 221 Canadian patent law requires that, to prevent the filing of patent applications based on speculation, utility must be either demonstrated or the requirements for a sound prediction
Sandoz v. Janssen 2023 FCA 221: Threshold for Sound Prediction Read More »
The Federal Court of Appeal (Locke JA writing for the Court) held that Apotex will induce infringement of patent claims to a combination of two active ingredients to treat a condition even though Apotex is seeking approval to market only one of the active ingredients as a monotherapy for the same condition. https://lnkd.in/gkb9faVi Janssen is the
Inducing Infringement with a Skinny Label: FCA Weighs-In Read More »
Co-written with Dino Clarizio The Federal Court of Canada (per Roy J.) decided four issues of entitlement to remedies in an action where he had previously held that the defendants’ products sold in Canada infringed valid claims. The issues were 1) entitlement to injunctive relief; 2) entitlement to an accounting of profits; 3) entitlement to
Angelcare v Munchkin: Entitlement to Infringement Remedies Read More »
We are very excited to announce that prominent Canadian lawyer, Dino Clarizio, has joined the partnership, and that the firm will now be known as Markwell Clarizio LLP. Dino has practised at leading national firms and boutiques for more than thirty years. He is a registered patent agent in Canada and the U.S. as well
Markwell LLP expands and rebrands as Markwell Clarizio LLP Read More »
On April 6, 2023, Chambers and Partners published its 2023 Life Sciences Global Practice Guide. Markwell 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
Markwell LLP is a Contributor to the Chambers LIFE SCIENCES 2023 Global Practice Guide Read More »
