The Supreme Court is releasing their judgment for two leave decisions this Thursday. The first, Gilead Science Canada Inc. v. Minister of Health Limited, relates 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, relates to trade-marks used in association with cigarettes. Our summary of the Court of Appeal decision was reported July 9, 2012.