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Pharmaceutical Patentees Could Face More than 100 of Actual Damages under PM(NOC) Regulations
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • October 6 2016

Innovator pharmaceutical companies should be cautious and think twice about how aggressively they defend their patents as they could potentially face

Canada’s Federal Court of Appeal Confirms Different Patent Claims Can Have Different Promised Utilities
  • McCarthy Tétrault LLP
  • Canada
  • October 14 2016

In Teva Canada v. Novartis Canada 2016 FCA 230, the Federal Court of Appeal confirms that in assessing the utility of a patented invention, different

CIALIS Patent Survives Validity Challenge on Appeal
  • McCarthy Tétrault LLP
  • Canada
  • May 19 2016

Last year we wrote about a trilogy of Federal Court decisions relating to Eli Lilly’s erectile dysfunction (ED) drug CIALIS (tadalafil). While Lilly

Expert "Blinding" is a Question of Relevance, Reliability and Weight, but not Admissibility
  • Borden Ladner Gervais LLP
  • Canada
  • October 12 2016

On August 23, 2016, the Federal Court released its public judgment granting the Order of prohibition for Gilead's ‘619 Patent. The ‘619 Patent

Cross-licensing agreements held to not trigger the requirement to send a Notice of Allegation under the PM(NOC) Regulations
  • Borden Ladner Gervais LLP
  • Canada
  • October 19 2016

The Federal Court of Appeal has overturned two decisions of the Federal Court, relating to the issuance of an NOC to a generic company who did not

International Trade Compliance Update - September 2016
  • Baker & McKenzie
  • United Kingdom, USA, Australia, Canada, European Union
  • September 7 2016

On 19 August 2016, the Russian Federation notified the WTO that it intends to initiate negotiations pursuant to Paragraph 1143 of the Working Party

“More or Less Self-evident” Remains the Standard in the Obvious-to-Try Test
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • October 5 2016

An attack on the Federal Court's ("FC") slight rewording of the obvious-to-try test has proven unsuccessful. Background: FC Finds Invention

Careful Patent Drafting Saves Novartis’s EXJADE Patent Despite Two Distinct Promises
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • October 3 2016

It is often good practice for a patent filer to load up a patent specification with many different implementations of their invention, even if each

Biosimilars in Canada: at a tipping point
  • Osler Hoskin & Harcourt LLP
  • Canada
  • May 24 2016

Biosimilars, or highly similar versions of innovative biologic medicines, have now been approved and marketed in developed countries for several

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