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Smart & Biggar is Canada's largest firm practicing exclusively in intellectual property and technology law, with offices in Ottawa, Toronto, Montréal…
Smart & Biggar | Global | 13 Jul 2023
Trademark & copyright enforcement on the internet: Online marketplaces, social media and the web
Smart & Biggar | Canada, Global | 15 Jun 2023
Fast track your trademark applications in Canada: Expediting Canadian trademarks examination
Smart & Biggar | Canada | 29 May 2023
Meme marketing and advertising law in Canada
If a picture is worth a thousand words, that makes a meme worth about 50 tweets. It is therefore no surprise that so many companies are interested in leveraging memes in marketing. However, the referential nature of memes and the common inclusion of media owned by others tends to increase the risk of marketing via memes. This article highlights some legal issues relevant to meme marketing, as......
Smart & Biggar | Canada | 29 May 2023
Apotex's section 8 claim for apo-atomoxetine dismissed
The Ontario Superior Court of Justice recently dismissed Apotex's claim under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to apo-atomoxetine (Lilly's Strattera) and Canadian patent No. 2,209,735. The Court had to consider whether Apotex was entitled to section 8 damages and whether Apotex would have entered the market earlier in the hypothetical world than......
Smart & Biggar | Canada | 26 May 2023
Proposed legislation for patent term adjustment, and the interplay with CSPs
Bill C-47, “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” aka “Budget Implementation Act, 2023, No…
Smart & Biggar | Canada | 26 May 2023
Health Canada proposes amendments to the Food and Drug Regulations and Medical Devices Regulations to modernize framework for therapeutic product recalls
On April 15, 2023, Health Canada proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations (together, the “Proposed…
Smart & Biggar | Canada | 24 May 2023
Apotex's section 8 claim for apo-atomoxetine dismissed
The Ontario Superior Court of Justice recently dismissed Apotex's claim under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to apo-atomoxetine (Lilly's Strattera) and Canadian patent No. 2,209,735. The Court had to consider whether Apotex was entitled to section 8 damages and whether Apotex would have entered the market earlier in the hypothetical world than......
Smart & Biggar | Canada | 24 May 2023
Supreme Court of Canada denies Apotex leave to appeal Ontario Court of Appeal's olanzapine Statutes of Monopolies decision
In August 2022, the Ontario Court of Appeal affirmed the lower court's decision dismissing Apotex's claims against Eli Lilly relating to an olanzapine patent. Eli Lilly had successfully obtained an order of prohibition against Apotex relating to Canadian patent No. 2,041,113, which was later found invalid in a decision involving Novopharm (affirmed on appeal). The Supreme Court of Canada......
Smart & Biggar | Canada | 22 May 2023
Supreme Court of Canada denies Pharmascience leave to appeal decision upholding validity of two patents relating to Eliquis
The Supreme Court of Canada recently dismissed Pharmascience's application for leave to appeal a decision of the Federal Court of Appeal upholding the validity of two patents relating to apixaban. The Federal Court of Appeal had dismissed Pharmascience's appeal of a Federal Court decision upholding the validity of Canadian patent No. 2,461,202 and No. 2,791,171.
Smart & Biggar | Canada | 22 May 2023
First look: Canada's proposed PTA system
Bill C-47 recently had its first reading in the House of Commons. This omnibus bill includes proposed amendments to the Patent Act required for Canada to comply with its international obligations concerning patent term adjustment. The proposed amendments will be subject to public comment and review and may be revised before becoming law. Moreover, important details remain to be set out in......
