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U.S. Supreme Court holds that “reverse payment” patent litigation settlements are not immune from antitrust review

Osler, Hoskin & Harcourt LLP
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Canada, USA
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June 19 2013

In a significant ruling involving both intellectual property rights and competition policy, the Supreme Court of the United States held in a 5-3

Teva Canada Innovation v. Attorney General of Canada

Borden Ladner Gervais LLP
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Canada
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May 8 2013

The Patented Medicine Prices Review Board (the PMPRB) ordered Teva to pay the Crown approximately $2.4 million for selling its product at an

Patents and Canadian competition laws

Gowling Lafleur Henderson LLP
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Canada, USA
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April 22 2013

In Canada, the Competition Act largely defers to the Patent Act. For example, the Act's abuse of dominance provision (s. 79 Canada's

Northern exposure?

Gowling Lafleur Henderson LLP
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Canada, USA
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April 4 2013

Davit Akman and John Norman suggest that a recently commenced investigation into alleged "product switching" and statements by the Interim

Doing business in Canada

Gowling Lafleur Henderson LLP
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Canada
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September 17 2012

Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England

Patenttrademark infringement suit takes aim at grape tomatoes

Shook Hardy & Bacon LLP
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Canada, USA
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May 11 2012

A Texas-based tomato producer has sued a Canadian company in federal court alleging that its packaging and label for grape tomatoes infringes the Nature Sweet Cherubs patents, issued in 2010 and 2011, and trademarks, in use since 2007

Is commercial success still a central component of the test for obviousness?

Norton Rose Canada LLP
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Canada
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March 5 2012

A pair of recent court decisions have cast doubt on the long-accepted principle that commercial success is a factor that may be considered when assessing the obviousness or non-inventiveness of a patent

Summary judgment re Competition Act claim upheld

Borden Ladner Gervais LLP
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Canada
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February 27 2012

In this patent infringement action, the Federal Court of Appeal (FCA) upheld a decision of the Motions Judge granting summary judgment and dismissing the part of the Plantiff's claims alleging a breach of the Competition Act

Costs awarded in patent infringement and Competition Act claim

Borden Ladner Gervais LLP
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Canada
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October 24 2011

The Court considered the calculation of costs and disbursements in an action relating to patent infringement and a counterclaim based on an alleged breach of the Competition Act

Supreme Court of Canada holds that PMPRB has jurisdiction over sales made ''into Canada'' pursuant to the special access program (Thalomid)

Norton Rose Canada LLP
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Canada
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January 20 2011

On January 20, 2011, the Supreme Court of Canada dismissed an appeal by Celgene Corporation ("Celgene") and held that the Patented Medicine Prices Review Board ("Board") has jurisdiction to regulate the price of patented medicines that are sold into Canada pursuant to the Health Canada Special Access Program as part of its "consumer protection" mandate

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Search results

U.S. Supreme Court holds that “reverse payment” patent litigation settlements are not immune from antitrust review

Teva Canada Innovation v. Attorney General of Canada

Patents and Canadian competition laws

Northern exposure?

Doing business in Canada

Patenttrademark infringement suit takes aim at grape tomatoes

Is commercial success still a central component of the test for obviousness?

Summary judgment re Competition Act claim upheld

Costs awarded in patent infringement and Competition Act claim

Supreme Court of Canada holds that PMPRB has jurisdiction over sales made ''into Canada'' pursuant to the special access program (Thalomid)

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