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

Bereskin & Parr LLP
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Canada
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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
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Canada
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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
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Canada
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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

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
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Canada
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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
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Canada
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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
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Canada, USA
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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
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Canada
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March 7 2012

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

Federal Court invalidates Sanofi’s Plavix patent for alleged insufficiency and obviousness

Bereskin & Parr LLP
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Canada
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January 12 2012

On December 6, 2011, the Federal Court of Canada issued its decision in the well-known dispute between Apotex Inc. and Sanofi-Aventis over the anticoagulant drug, clopidogrel bisulfate, sold in Canada under the brand name Plavix

An update on Canadian selection patents the Olanzapine saga

Bereskin & Parr LLP
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Canada
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December 15 2011

Eli Lilly’s Canadian patent no. 2,041,113 (‘113 patent), covering its successful drug Olanzapine, has been the subject of several court proceedings, including an infringement action which was appealed and subsequently remanded back to the trial division

Europe discards embryonic stem cell patents

Bereskin & Parr LLP
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Canada, European Union
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December 15 2011

Adult stem cells, and processes for their manipulation, are generally patentable in Europe

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