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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

Securing IP in stem cells

Bereskin & Parr LLP
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Canada, USA
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April 12 2013

Stem cells are at the centre of research into regenerative medicine. They have the ability to continuously produce newly differentiated cells and

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

Licensing basics for life sciences: getting paid through license fees

Bereskin & Parr LLP
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Canada
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February 28 2013

In life sciences, licensing fees are often upfront payments, ongoing royalties (usually a percentage of net sales) or milestone payments after a

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

Dosage regimens in Canada: patentable subject matter?

Bereskin & Parr LLP
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Canada
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April 10 2012

It is well known that methods of medical treatment do not constitute patentable subject matter in Canada

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