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Federal Court Rules that Patent Agent Privilege Does Not Apply to Freedom to Operate Opinions

Canada - December 6 2021 In Janssen Inc and Mitsubishi Tanabe Pharma Corp v Sandoz Canada Inc, Case Management Judge Horne interpreted amended section 16.1(1) of the Patent…

Mitchel Fleming

Federal Court of Appeal Affirms Award of Damages for Compound Interest that “Would Have” and “Could Have” Been Earned in Patent Infringement Litigation Involving Cefaclor

Canada - August 10 2021 What is the test a party must meet to establish a claim for interest as damages arising from lost profits? On the first appeal in connection with the…

Bruna D.D. Kalinoski

“Potential” For Inconsistent Results Supports Staying Re-Examination of MS Drug Patent

Canada - June 2 2021 The Federal Court recently stayed an ongoing patent re-examination proceeding before the Canadian Intellectual Property Office (CIPO) until final…

Martin Brandsma

Balancing Efficiency and Compressed Timelines: Two Years into the Amended Patented Medicines (Notice of Compliance) Regulations

Canada - August 1 2019 The September 21, 2017 amendments to the PMNOC Regulations brought significant change to litigation involving Patented medicines in Canada. Perhaps…

Andrew McIntosh

Cannabis Litigation Update: United Cannabis Corp v Pure Hemp Collective Inc.

Canada, USA - May 2 2019 Last September, before the new world of legalized recreational cannabis had opened-up in Canada, we reported on the state of IP litigation in the…

Sarah D'Ambrosio