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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


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


Eli Lilly files notice of arbitration in $500m NAFTA dispute against Canada
  • Bereskin & Parr LLP
  • Canada, Global
  • September 23 2013

In the past 10 years, there has been a significant increase in the number of Canadian pharmaceutical patents, which have been invalidated by the


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


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


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


Proactive pharma patent enforcement on Canadian drug combos
  • Bereskin & Parr LLP
  • Canada
  • May 14 2015

The Canadian Patented Medicine (Notice of Compliance) Regulations ("NOC Regulations") allow a patent owner to apply to Federal Court to keep a


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


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


Federal Court invalidates Sanofi’s Plavix patent for alleged insufficiency and obviousness
  • Bereskin & Parr LLP
  • Canada
  • January 12 2012

On December 6, 2011, the Federal Court of Canada issued its decision in the well-known dispute between Apotex Inc. and Sanofi-Aventis over the anticoagulant drug, clopidogrel bisulfate, sold in Canada under the brand name Plavix