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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

Prohibition not granted as non-infringement allegation held justified

Borden Ladner Gervais LLP
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Canada
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July 18 2012

The Court heard this application and the next application consecutively and issued decisions on the same day, however, indicated that each was considered separately

Commissioner of Patents reverses examiner’s refusal to allow patent on basis of sound prediction and desired result arguments

Borden Ladner Gervais LLP
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Canada
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May 1 2013

The Application was rejected by the Examiner under section 2 of the Patent Act for containing claims for which the utility could not soundly be

Doctrine of bona fide purchaser for value without notice applies to patent rights

Borden Ladner Gervais LLP
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Canada
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February 6 2012

This case involves a dispute over who owned certain patent rights

Definition of “innovative drug” does not include variations

Borden Ladner Gervais LLP
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Canada
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January 23 2013

This is an appeal by Takeda of a decision of the Court, in which the Court upheld the decision of the Minister of Health to refuse to list Takeda’s

Documents included in joint book for trial should be exhibits for appeal

Borden Ladner Gervais LLP
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Canada
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June 11 2012

The issue to be determined relates to the contents of the appeal books

Intellectual property weekly abstracts bulletin

Borden Ladner Gervais LLP
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Canada
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April 1 2013

The Court granted a Prohibition Order to AstraZeneca, preventing Ranbaxy from entering the market with a generic version of ompeprazole until the

Compound patent found valid in face of allegations of lack of utilitysound prediction and insufficiency

Borden Ladner Gervais LLP
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Canada
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February 27 2013

Apotex and Novopharm started actions to impeach Novartis’ patent covering the compound imatinib, sold under the brand name GLEEVEC. They then sent

Patent found valid and infringed - accounting of profits awarded

Borden Ladner Gervais LLP
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Canada
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March 18 2013

Apotex sued for impeachment of Lundbeck’s patent. Lundbeck counterclaimed for infringement. The Court held that the patent was valid and infringed

Only authorized correspondent can pay maintenance fees for application

Borden Ladner Gervais LLP
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Canada
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November 14 2011

The Judge found that the acceptance of maintenance fees paid within the grace period by someone other than the authorized correspondent reinstated a lapsed patent application, but the subsequent reimbursement of those fees nullified the reinstatement

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Teva Canada Innovation v. Attorney General of Canada

Prohibition not granted as non-infringement allegation held justified

Commissioner of Patents reverses examiner’s refusal to allow patent on basis of sound prediction and desired result arguments

Doctrine of bona fide purchaser for value without notice applies to patent rights

Definition of “innovative drug” does not include variations

Documents included in joint book for trial should be exhibits for appeal

Intellectual property weekly abstracts bulletin

Compound patent found valid in face of allegations of lack of utilitysound prediction and insufficiency

Patent found valid and infringed - accounting of profits awarded

Only authorized correspondent can pay maintenance fees for application

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