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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

Biosimilar battlegrounds - what is new in biosimilars and where?

Bereskin & Parr LLP
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Canada, European Union, USA
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February 17 2012

Biosimilars are second entry biologic drugs

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

Monoclonal antibody claims get some support

Bereskin & Parr LLP
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Canada
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June 28 2011

In Re Immunex Corporation Patent Application No. 583,988, (2011) 89 C.P.R. (4th) 34, the Patent Appeal Board held that broad claims to monoclonal antibodies are allowable in the absence of a working example when the antigen is a novel polypeptide that has been fully characterized, for example, by its complete amino acid sequence

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

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

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

Sufficiently disclosing a promised utility

Bereskin & Parr LLP
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Canada
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June 28 2011

Pharmaceutical patent applicants are often confronted with the issue of whether to file a new drug patent application early or wait until more substantial data has been generated on a larger number of compounds