The Federal Court warns against using sound prediction as a “crushing hammer” *

Canada - March 25 2013
The Federal Court has arguably pleased the patentee side of the fence in its recent decision finding that Novartis’ tumour drug patent had the…

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Federal Court of Appeal finds 50 year old drug not an innovative drug *

Canada - March 6 2013
The Federal Court of Appeal (“FCA”) in a split decision denied Celgene’s request to have its “new” thalidomide drug product designated as an…

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The SCC Sanofi obviousness test – have the courts gone wrong with the inventive concept? *

Canada - November 8 2012
As the Federal Court continues to interpret and apply the 2008 Sanofi SCC obviousness test (Apotex Inc. v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61 (“Sanofi”)), one important step – defining the “inventive concept” – has not always been defined consistently.

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Canada’s biosimilars market moves up a gear *

Canada - October 26 2012
There has been little action to date in the “subsequent entry biologic” (SEB) field in Canada, with few submissions being filed and even fewer biologics patents being challenged

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Is the Patented Medicines Prices Review Board (“PMPRB”) extending itself beyond actual “patentees” and “patented medicines”? *

Canada - September 14 2012
The blurring of “brand” and “generic” has arguably grown over the past few years as companies develop strategies to take advantage of the best of both worlds.

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