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Federal court affirms principle of claim differentiation in evaluating utility
  • Gowling Lafleur Henderson LLP
  • Canada
  • June 30 2015

Justice O'Reilly of the Federal Court has rejected Teva's allegations of invalidity regarding Novartis's patent covering its iron chelator product

The U.S. Federal Court of Appeals agrees that prenatal diagnostic methods are not patent eligible
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 30 2015

The United States Court of Appeals for the Federal Circuit issued its decision in Ariosa Diagnostics Inc. et al. V. Sequenom Inc. (PDF), case number

Pharma in brief - amended PM(NOC) Regulations now in force patents claiming single medicinal ingredients are eligible for listing on the patent register for combination drugs
  • Norton Rose Fulbright LLP
  • Canada
  • June 26 2015

Previously announced amendments to the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations) were registered and brought

Leave to intervene denied on the basis of no additional insight and delay
  • Borden Ladner Gervais LLP
  • Canada
  • June 17 2015

This was a motion by Canada’s Research-Based Pharmaceutical Companies (Rx&D) for leave to intervene in the appeal of a decision relating to

Federal Court of Appeal affirms rejection of heightened sound prediction patent disclosure requirements
  • Norton Rose Fulbright Canada LLP
  • Canada
  • June 12 2015

Allergan obtained a prohibition order against Apotex under section 6 of the PMNOC Regulations with respect to the drug bimatoprost

Federal Court of Appeal clarifies misunderstanding: factual basis and line of reasoning need not be disclosed in the patent
  • McCarthy Tétrault LLP
  • Canada
  • June 8 2015

In a decision released on June 3, 2015 (2015 FCA 137), a unanimous Federal Court of Appeal (“FCA”) dismissed Apotex’s appeal of Justice O’Reilly’s

Patent utility update in Canada clarity may not be explicitly promised
  • SIM. IP Practice
  • Canada
  • June 4 2015

In the past five years, the Canadian Federal Court has invalidated several patents based on an arguably “technical” deficiency the

Update on patenting medical uses in Canada
  • Marks & Clerk
  • Canada
  • May 28 2015

On 18 March 2015, the Canadian Intellectual Property Office (CIPO) issued revised examination guidelines on medical use claims, the complete text of

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

“Pay for delay” gets a closer look in Canada
  • Sotos LLP
  • Canada
  • May 21 2015

The Canadian Competition Bureau is taking a “keen interest” in patent litigation settlements between brand and generic drug manufacturers