Refine your search
553 results found
Smart & Biggar | Canada | 25 Jan 2023
Federal Court of Appeal dismisses appeal challenging amended basket of comparator countries in PMPRB Regulations
The Patented Medicines Regulations require patentees to report relevant pricing information regarding the medicine sold in a basket of countries other than Canada. The Federal Court of Appeal recently dismissed Innovative Medicines Canada and 16 innovative pharmaceutical companies' appeal regarding the validity of the amended basket of comparator countries in the Patented Medicines Regulations.
Smart & Biggar | Canada | 23 Jan 2023
Canadian patent law 2022: year in review
2022 was an active year in Canadian patent law: claim fees were introduced for the first time, changes were made to regulations providing remedies for excessive pricing of patented medicines and a range of court decisions addressed important issues. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions.
Smart & Biggar | Canada | 14 Nov 2022
Safe and cost-effective divisional application filing strategies under Canada's newest patent rules
🕑 15 minutes Canada recently introduced patent rules related to excess claim fees and continued examination fees that have the potential to complicate conventional approaches to filing divisional patent applications. This article reviews the requirements for filing a divisional patent application in Canada, the impact of the new claim fee and continued examination fee rules on divisional......
Smart & Biggar | Canada | 9 Nov 2022
PMPRB finds ultra-rare drug Procysbi is excessively priced
🕑 4 minutes A panel of the Patented Medicine Prices Review Board recently issued a decision that the price of Horizon Pharma's Procysbi was and is excessive under sections 83 and 85 of the Patent Act. The Board staff received a complaint about the price of Procysbi – used to treat an ultra-rare genetic disorder, nephropathic cystinosis – from the pan-Canadian Pharmaceutical Alliance, which......
McCarthy Tétrault LLP | Canada | 19 Aug 2022
Ontario Court of Appeal Dismisses Apotex’s Novel Patent Damages Appeal
On August 16, 2022, the Ontario Court of Appeal (“ONCA”) dismissed Apotex’s appeal claiming novel damages claims in a “protracted” patent battle…
CPST Intellectual Property | Canada | 23 Jun 2022
No Problem, No Solution! Federal Court Clearly Rebukes CIPO’s “Problem-Solution” Approach to Assessing Patentable Subject Matter
In welcome news, the Federal Court of Canada has admonished the Canadian Intellectual Property Office ("CIPO") for its improper approach in assessing…
Aird & Berlis LLP | Aird & McBurney LP | Canada | 24 Jan 2022
The Markman and the Grandfather: Federal Court Determines Claim Construction by Partial Summary Judgment and Interprets the Prior Use Defence
In Kobold Corporation v. NCS Multistage Inc., 2021 FC 1437, the Federal Court addressed two often pondered questions in Canadian patent law: can the…
Smart & Biggar | Canada | 17 Nov 2021
Federal Court remits Belsomra CSP timing refusal for redetermination
In August 2019, the minister of health denied Merck's application for a certificate of supplementary protection (CSP) for Canadian Patent No. 2,670,892 relating to the drug suvorexant (Merck's Belsomra). The Federal Court recently set aside the minister's decision and remitted Merck's CSP application for redetermination. This decision adds to the Court's growing CSP jurisprudence.
Bereskin & Parr LLP | Canada | 23 Sep 2021
Another positive outcome for diagnostic methods from the patent Appeal Board
The recent Patent Appeal Board (PAB) decision in Re Antibodyshop A/S (2021 CACP 35), further indicates the PAB's willingness to find valid diagnostic…
Smart & Biggar | Canada | 8 Sep 2021
Federal Court of Appeal remits pricing decision on Alexion's Soliris to Patented Medicine Prices Review Board
In 2017 the Patented Medicine Prices Review Board (the board) decided that Alexion's Soliris (eculizumab) was sold at an excessive price. However, the Federal Court of Appeal recently set aside the Federal Court's decision to dismiss Alexion's application for judicial review and remitted the matter to the board for redetermination, directing it "to examine the evidence, interpret the......
