We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 279

Federal Court of Appeal reinterprets product specificity requirements: patent listing is determined by patent claims construction and not a word match
  • Gowling Lafleur Henderson LLP
  • Canada
  • July 23 2015

On July 17, 2015, the Federal Court of Appeal set aside a judgment of the Federal Court that upheld Health Canada’s refusal to list Canadian Patent 2


Federal court grants accounting of profits and addresses NIA “non-infringing alternative”
  • Gowling Lafleur Henderson LLP
  • Canada
  • July 10 2015

The Federal Court recently released a decision Accounting for an infringer's profits in a pharmaceutical matter (ADIR and Servier Canada Inc. v


FCA does not address trial judge’s finding that there is no heightened disclosure requirement in cases of sound prediction
  • Gowling Lafleur Henderson LLP
  • Canada
  • July 10 2015

The FCA has released its reasons in the appeal of Justice Rennie’s Esomeprazole decision. In Esomeprazole, Rennie J. Found AstraZeneca’s patent to be


PM(NOC) regulation amendments now in force
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 30 2015

Industry Canada has now enacted the amendments to the Patented Medicines (Notice of Compliance) Regulations (Regulations) in order to permit claims


Federal court affirms principle of claim differentiation in evaluating utility
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 30 2015

Justice O'Reilly of the Federal Court has rejected Teva's allegations of invalidity regarding Novartis's patent covering its iron chelator product


Federal Court of Appeal questions patent law principles
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 17 2015

In Cobalt v Bayer (2015 FCA 116) the Federal Court of Appeal explicitly called into question two central principles of Canadian patent law: the


FCA confirms that no disclosure of factual basis or line of reasoning is required for sound prediction when they would be self-evident to the skilled person
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 11 2015

In reasons dated June 3, 2015, the Federal Court of Appeal (FCA) affirmed a decision of Justice O'Reilly (2014 FC 567) dismissing Apotex's


Competition guidelines may be a game-changer for patent-intensive industries
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 10 2015

The Competition Bureau is in the midst of a two-stage process to update its Intellectual Property Enforcement Guidelines. The guidelines describe the


Post Amazon.com how the Canadian patent Appeal Board has dealt with patenteligibility of computer-implemented subject matter
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 4 2015

In November 2011, the Federal Court of Appeal in Amazon.com v. Canada (2011 FCA 328) sought to clarify Canadian law relating to patentability of


Federal Court of Appeal suggests need for Supreme Court to consider standard of review on claims construction and patentability of methods of medical treatment
  • Gowling Lafleur Henderson LLP
  • Canada
  • May 12 2015

The Federal Court of Appeal (FCA) in Cobalt v. Bayer has explicitly called into question two central principles of Canadian patent law: the standard