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Results: 1-10 of 17

Supreme Court declines to hear Eli Lilly’s “promise of the patent” appeal

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • May 16 2013

The Supreme Court of Canada denied leave to appeal today from the Federal Court of Appeal ("FCA") decision in Eli Lilly Canada Inc v Novopharm Ltd

Supreme Court of Canada denies leave to appeal in PM(NOC) judicial comity case

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • May 9 2013

The Supreme Court of Canada denied leave to appeal today from the Federal Court of Appeal ("FCA") decision in Allergan Inc. et al ats. Apotex Inc

Gilead leave to appeal to Supreme Court of Canada dismissed re: FCA decision not to list patent on register due to lack of product specificity under PM(NOC) regulations

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • March 21 2013

In Gilead Sciences Canada Inc. v. Canada (Minister of Health), 2012 FCA 254, the Federal Court of Appeal (FCA) dismissed Gilead's appeal of the

THALOMID is not an innovative drug eligible for Canadian data protection

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • March 4 2013

In Canada, drugs that are classified as "Innovative drugs" are eligible for eight years of data protection (data exclusivity). In April 2012, the

Enantiomers not eligible for data protection in Canada

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • February 6 2013

In Canada, innovative drugs are eligible for eight years of data exclusivity under section C.08.004.1 of the Food and Drug Regulations (the

Good news for the biotech industry patent eligibility of Myriad isolated DNA and methods of screening claims confirmed after Supreme Court’s Mayo ruling

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • August 20 2012

On August 16, 2012, the U.S. Federal Circuit Court of Appeals issued its judgment in Association for Molecular Pathology (AMP) and ACLU v. USPTO and Myriad Genetics (Myriad) partly overturning the district court’s summary judgment that Myriad’s claims were drawn to patent ineligible subject matter and affirmed Myriad’s right to patent isolated DNA of BRCA1 and BRCA2, two genes linked to breast and ovarian cancer

Billion dollar drug litigation opens a front in Canada

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • June 6 2012

Amgen recently started litigation against Teva over the biologic drug filgrastim (Court File No. T-989-12

Determining patentable subject matter in the United States and Canada

  • Bereskin & Parr LLP
  • -
  • Canada, USA
  • -
  • April 10 2012

As reported in our March 21, 2012, Spring Alert, the United States Supreme Court recently held in Prometheus v. Mayo that certain personalized medicine claims were directed to laws of nature and were thus unpatentable despite containing both an administering step and a determining step

Scorned drug makes unexpected comeback that is “innovative” enough to qualify for Canadian data exclusivity

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • March 7 2012

Innovative drugs are eligible for eight years of data protection (data exclusivity) in Canada

Accessing competitor information in Canadian government files

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • February 3 2012

The Canadian government allows the public to request access to information in government files

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