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 1,166

Federal Court of Appeal considers standard for “obvious to try” test
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • January 19 2016

On December 15, 2015, the Federal Court of Appeal confirmed that the correct standard for determining whether an invention is obvious under the


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


BC Court of Appeal overturns Class Certification in Patents Case, finding Patent Regime to be Complete Code in respect of Remedies
  • Borden Ladner Gervais LLP
  • Canada
  • January 25 2016

In Low v. Pfizer Canada Inc., a unanimous division of the Court of Appeal for British Columbia restricted the ability of consumers to make claims


Methods of medical treatment and dosage claims
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 28 2011

In Canada, claims to methods of medical treatment are considered to fall outside the definition of invention according to section 2 of the Patent Act and a decision of the Supreme Court of Canada


Attention biotech patentees: revised sequence listing requirements in effect before the Canadian Intellectual Property Office (CIPO)
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • January 13 2016

CIPO has adopted a practice whereby, upon entry of a PCT application into the Canadian national phase, CIPO will obtain the sequence listing directly


Standard of Review of Palpable and Overriding Error Not Applied in Appeal from Rule 51 Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2016

This is an appeal from the Federal Court's (FC) decision (2015 FC 797), which upheld the Prothonotary's decision allowing the generic Respondent's


The TPP new rights for pharmaceutical patent holders in Canada
  • Gowling Lafleur Henderson LLP
  • Canada
  • November 13 2015

The Canadian Government released the official consolidated text of the Trans-Pacific Partnership (TPP) agreement on Nov., 5, 2015. This follows the


Federal Court grants one of three prohibition applications for VIGAMOX eye drops containing moxifloxacin hydrochloride
  • Norton Rose Fulbright Canada LLP
  • Canada
  • June 1 2014

This latest decision from the Federal Court is consistent with a recent trend towards a more literal construction of patent claims. The Court


Federal Court of Appeal finds that PMPRB extends to generics
  • Gowling Lafleur Henderson LLP
  • Canada
  • November 17 2015

On Nov. 6, 2015, the Federal Court of Appeal issued a rare decision relating to Canada’s pricing control regime for patented medicines administered by


Federal Court grants injunction that allows infringing biologic drug to stay on the market
  • Norton Rose Fulbright Canada LLP
  • Canada
  • June 20 2014

Case: AbbVie Corporation, AbbVie Deutschland GMBH & Co. KG and AbbVie Biotechnology Ltd. v. Janssen Inc., 2014 FC 489 Drug: Ustekinumab (STELARA®