Leave not granted to the Supreme Court

As mentioned last week, two IP leave decisions were released last Thursday. Neither appeal obtained leave. The first, Gilead Science Canada Inc. v. Minister of Health Limited, related to when a patentee may list a patent claiming the medicinal ingredient of a commercial product on the Patent Register. Our summary of the Court of Appeal decision was reported October 15, 2012.

The second leave application, Phillips Morris Products S.A., Rothmans, Benson & Hedges Inc. v. Marlboro Canada Limited, Imperial Tobacco Canada Limited, related to trade-marks used in association with cigarettes. Our summary of the Court of Appeal decision was reported July 9, 2012.

Leave sought from the Supreme Court

Takeda Canada Inc. v. Minister of Health, et al. (SCC 35276)

Takeda has appealed a split decision from the Federal Court of Appeal refusing to designate DEXILANT, an enantiomer of lansoprazole, as an innovative drug that is eligible for data protection. You can read the original Court of Appeal decision or our earlier summaries of the appeal and the judicial review.