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Smart & Biggar | Canada | 12 Oct 2022

Federal Court upholds validity of patent relating to paliperidone palmitate

🕑 3 minutes The Federal Court recently issued its public judgment and reasons in two actions under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations relating to paliperidone palmitate (Janssen's Invega Sustenna). The Court found that the claims of Canadian Patent No. 2,655,335 were not invalid for obviousness or lack of patentable subject matter (ie, as a method of......
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Smart & Biggar | Canada | 5 Oct 2022

Patented Medicines (Notice of Compliance) Regulations: five-year anniversary of major amendments

The fifth anniversary of the significant amendments to the Patented Medicines (Notice of Compliance) Regulations recently passed. This article provides an update on activities in the fifth year following the amendments, including new actions and a wave of court decisions, both on the merits and procedural.
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Smart & Biggar | Canada | 28 Sep 2022

Federal Court finds minister of health reasonable in concluding JAMP not "second person" for Simlandi biosimilar

The Federal Court recently dismissed AbbVie's applications for judicial review of the minister of health's decisions that JAMP was not a "second person" – and therefore it was not required to address the patents listed on the Patent Register – and that notices of compliance could issue for JAMP's Simlandi, a biosimilar of AbbVie's Humira (adalimumab). The Federal Court found that the minister......
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Gowling WLG | Canada | 30 Aug 2022

Market it or lose it: A cautionary tale for innovators

In AbbVie Corporation v Canada (Health), 2022 FC 1209, Justice Fothergill of the Federal Court upheld the Minister of Health's finding that innovator…
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Smart & Biggar | Canada | 10 Aug 2022

Janssen succeeds on infringement against Apotex in macitentan combination patent case

In a recent public decision in an action under the Patented Medicines (Notice of Compliance) Regulations, Justice Pallotta of the Federal Court found that Apotex would infringe Janssen's patent relating to Janssen's Opsumit (macitentan) by selling Apo-Macitentan. Canadian Patent No. 2,659,770 was the subject of an earlier section 6(1) action involving Janssen and Sandoz, in which the Court......
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Smart & Biggar | Canada | 3 Aug 2022

2022 mid-year highlights in Canadian life sciences IP and regulatory law

The first half of 2022 saw a number of developments in Canadian life sciences IP and regulatory law, including the Patented Medicine Prices Review Board amendments coming into force, Health Canada's updated regulatory plan and various Federal Court and Federal Court of Appeal patent decisions. This article summarises the top stories from January 2022 to July 2022.
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Smart & Biggar | Canada | 11 Jul 2022

Canada adopts three-step framework for assessing patentable subject matter in Benjamin Moore

Recently, the Federal Court released a decision establishing a new three-step legal framework for assessing patentable subject matter, particularly as it relates to the patentability of computer-implemented inventions. The decision rebukes several aspects of the Canadian Intellectual Property Office's (CIPO's) current "actual invention approach" and instructs CIPO to use the new framework......
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Bereskin & Parr LLP | Canada | 2 Jun 2022

Federal Court sets aside Minister of Health’s approval of RUZURGI for the second time over data protection dispute

For the second time, the Federal Court (FC) has set aside the decision by the Minister of Health to issue market authorization for the amifampridine…
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Smart & Biggar | Canada | 16 May 2022

Federal Court rules that Diaper Genie patents are valid and infringed by Munchkin

The Federal Court recently issued its judgment and reasons in Angelcare Canada Inc et al v Munchkin Inc et al, finding that Munchkin, Inc and Munchkin Baby Canada Ltd had infringed numerous valid patents owned by Angelcare Canada Inc related to its diaper disposal system. The Federal Court's comprehensive decision covered a lot of ground on various infringement and invalidity principles,......
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Bereskin & Parr LLP | Canada | 13 May 2022

Residence Is Not Static: Federal Court Dismisses Copyright Infringement Claim for Failure to Prove Author’s Residency at the Time the Work Was Created

The Federal Court’s recent decision in August Image LLC v. AirG Inc, 2022 FC 470, saw the Court adopt a somewhat rigid approach to assessing the…
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