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Eli Lilly’s Cialis patent withstands double patenting and utility challenges on appeal
  • Gowling WLG
  • Canada
  • April 26 2016

The Federal Court of Appeal has provided guidance on the law of obviousness-type double patenting in dismissing Mylan’s appeal pertaining to Eli


Patent owner’s entitlement to permanent injunction in Canada confirmed
  • Gowling WLG
  • Canada
  • April 21 2016

In Uponor AB v. Heatlink Group Inc. et al., 2016 FC 320 ("Uponor"), the Federal Court of Canada awarded a permanent injunction after a finding that


PAEs and SEPs: When is patent enforcement anti-competitive?
  • Gowling WLG
  • Canada
  • April 8 2016

As we reported previously, the Canadian Competition Bureau ("Bureau") held a consultation process in 2015 where interested parties were invited to


Competition Bureau releases guidelines in respect of settlements under the PM(NOC) Regulations
  • Gowling WLG
  • Canada
  • April 8 2016

On March 31, 2016, the Competition Bureau released its updated Intellectual Property Enforcement Guidelines (the "IPEGs"). The updated IPEGs replace


Approvability of generic NOC satisfies imminence criteria in quia timet proceedings
  • Gowling WLG
  • Canada
  • April 7 2016

The Federal Court in Gilead Sciences Inc v Teva Canada Limited, 2016 FC 336 has clarified the law with respect to the imminence requirement of future


Patent law: 2015 year in review
  • Gowling WLG
  • Canada
  • April 6 2016

A successful patentee in a patent infringement action is entitled to monetary compensation in relation to acts of infringement. In this regard, the


The final word on the claim for innovator profits following PM(NOC) litigation?
  • Gowling WLG
  • Canada
  • March 31 2016

Generic pharmaceutical companies have long sought the disgorgement of innovator profits following litigation under the Patented Medicines (Notice of


Technology commercialization forecast: “Heavy clouds with developing sunny breaks” the emergence of “Patent Box” tax incentives in Canada
  • Gowling WLG
  • Canada
  • March 28 2016

The Conference Board of Canada regularly publishes a "Report Card on How Canada Performs" in a number of sectors including, the economy, environment


Federal Court deviates from established tests for patent listing Gilead Sciences, Inc. v. Canada (Health)
  • Gowling WLG
  • Canada
  • March 22 2016

In the decision summarized below, Apotex successfully obtained a dismissal of Gilead's application for a prohibition order in respect of Canadian


Supreme Court of Canada to consider law of utility in Esomeprazole appeal
  • Gowling WLG
  • Canada
  • March 11 2016

The Supreme Court of Canada has again acknowledged the need to consider the law of utility in Canada by granting Astrazeneca leave to appeal in