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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


Determining patentable subject matter in the United States and Canada
  • Bereskin & Parr LLP
  • Canada, USA
  • 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


Biosimilar Approvals in the US and Canada - the ‘Patent Dance’
  • Bereskin & Parr LLP
  • Canada, USA
  • December 30 2015

The US and Canada each provide an abbreviated pathway (or shortcut) for a biosimilar manufacturer to get a product approved. The shortcut allows for a


Expert opinion as to what “one would expect” is speculation, not evidence
  • Bereskin & Parr LLP
  • Canada
  • March 4 2015

In the latest of a trilogy of cases under the Patented Medicines (Notice of Compliance) Regulations relating to the drug tadalafil (CIALIS), Justice


Canadian patent term extension is coming
  • Bereskin & Parr LLP
  • Canada, European Union
  • October 18 2013

Canada and Europe announced an agreement in principle on a Comprehensive Economic and Trade Agreement (“CETA”) that will potentially increase Canadian


Looking into the Crystal Ball - Protecting Polymporphs to Lengthen the Drug Patent Life Cycle
  • Bereskin & Parr LLP
  • Canada, USA
  • June 7 2016

Innovative pharmaceutical companies are increasingly attempting to patent improved forms of their original drug compound. Crystalline forms of a drug


Supreme Court dismisses appeal from the bench in Sanofi-Aventis v. Apotex, Inc.
  • Bereskin & Parr LLP
  • Canada
  • May 8 2015

On April 21st, 2015, the Supreme Court of Canada dismissed from the bench an appeal from the Federal Court of Appeal decision inApotex Inc. v


Biosimilar Approvals in the US and Canada - Sidestepping the 'Patent Dance'
  • Bereskin & Parr LLP
  • Canada, USA
  • January 12 2016

A passing moment of social awkwardness between a couple on a dance floor is nothing compared to the situation when the sidestepping is between two


Canadian Appeal Court itching to consider patented medical treatments
  • Bereskin & Parr LLP
  • Canada
  • May 25 2015

The Canadian Federal Court of Appeal has recently indicated its interest in revisiting patentability of methods of medical treatment in future in a


The Supreme Court refuses to grant leave to hear “promise of the patent” appeals
  • Bereskin & Parr LLP
  • Canada
  • April 27 2015

On April 23, 2015, the Supreme Court of Canada denied leave to hear an appeal from the Federal Court of Appeal decision in Apotex Inc v Pfizer Canada