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Tribunal Decides in Favour of Canada in NAFTA Arbitration Suit
  • Bereskin & Parr LLP
  • Canada
  • March 21 2017

The Government of Canada has prevailed in its NAFTA arbitration suit with Eli Lilly and Company “Lilly”. Lilly sued the sued the government as a


The Requirement of Causation in an Accounting of Profits - Federal Court of Appeal rules on Availability of Non-Infringing Alternatives and Apportionment of Non-Infringing Services
  • Bereskin & Parr LLP
  • Canada
  • March 16 2017

In a recent patent Accounting of profits decision of the Federal Court of Appeal in Apotex Inc v ADIR, 2017 FCA 23, the Court emphasized that the


Litigation - 2016 Year in Review
  • Bereskin & Parr LLP
  • Canada
  • March 8 2017

In 2016, the Federal government proposed changes to the rules that govern litigation, the Federal Courts issued directions for the conduct of


Ongoing Infringement Must be Parsed to Determine Relevant Limitation Periods
  • Bereskin & Parr LLP
  • Canada
  • January 24 2017

In the recent decision of Apotex Inc v AstraZeneca Canada Inc 2017 FCA 9 relating to the drug omeprazole, the Federal Court of Appeal held that in


Cialis Canadian Patent Knocks Out Double Patenting Challenge
  • Bereskin & Parr LLP
  • Canada
  • January 20 2017

Eli Lilly's Canadian patent on treatment of erectile dysfunction with Cialis continues to defy all challengers. A recent appeal case originated from


We Promise that it is Still Worthwhile to File Pharma Patents in Canada
  • Bereskin & Parr LLP
  • Canada
  • November 10 2016

The “promise doctrine” is getting a lot of press in the pharma industry. We know that some big pharma companies are ticked off, for example, from Eli


Canada’s Drug Linkage Regulations Finally Grow Up - Becoming a Full Action
  • Bereskin & Parr LLP
  • Canada
  • November 2 2016

Canada is taking steps to streamline drug patent owners' ability to enforce their patents. These steps should reduce the multiplicity of litigation


Canadian Patent Term Extension - Bill is in the House
  • Bereskin & Parr LLP
  • Canada, European Union
  • November 2 2016

Canada and Europe finally signed off on the Comprehensive Economic and Trade Agreement ("CETA"). Its most significant aspect for the pharma industry


Evolution of the Common General Knowledge: Humanized Antibody Claims Upheld at the Canadian Patent Appeal Board
  • Bereskin & Parr LLP
  • Canada
  • August 26 2016

Applicants prevailed in the recent Commissioner’s Decision Re Chugai Seiyaku and Kabushiki Kaisha (CD 1398, hereinafter “Kaisha”) 1 from the Patent


Patenting Polymorphs of Crystals Internationally
  • Bereskin & Parr LLP
  • Canada, European Union, Japan, USA
  • June 27 2016

Polymorphs are patentable subject matter in Canada and the U.S. Our prior article discussed some best practices to differentiate a new polymorph from