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Fasken | Canada | 23 Mar 2023
Was the Federal Government Right To Designate “Plastic Manufactured Items” As Toxic?
The case of Responsible Plastic Use Coalition and others v. Minister of the Environment was heard in early March Federal Court in Toronto. Four…
Tereposky & DeRose LLP | Canada, Haiti | 24 Feb 2023
Canada Targets Additional “Haitian Elites” In Sixth Round of Sanctions
On February 15, 2023, the Government of Canada further amended the Special Economic Measures (Haiti) Regulations (the "Haiti Regulations") by…
Smart & Biggar | Canada | 1 Feb 2023
Federal Court rejects pre-trial determination of question of law about nature of section 8 but-for world
Dr. Reddy's seeks damages from Janssen pursuant to the amended section 8 of the Patented Medicines (Notice of Compliance) Regulations for its lost sales of abiraterone acetate. Justice Southcott recently decided three previous motions in section 8 actions relating to abiraterone acetate. In this fourth motion, Dr. Reddy's requested the Federal Court's determination of a question of law prior......
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 Dec 2022
Federal Court rejects trial of common issues and allows pleadings amendment concerning supply disruptions in abiraterone acetate amended section 8 actions
🕑 4 minutes In January 2021, the Federal Court found Janssen's Canadian Patent No. 2,661,422 invalid. In three separate actions, Apotex, Dr. Reddy's and Pharmascience seek damages from Janssen pursuant to amended section 8 of the Patented Medicines (Notice of Compliance) Regulations for their lost sales of abiraterone acetate. Justice Southcott recently decided three motions addressing......
Smart & Biggar | Canada | 14 Dec 2022
Crocs v Double Diamond Distribution: Strength of industrial design rights and remedies in Canada reaffirmed by Federal Court
Earlier this fall the Federal Court of Canada issued a rare decision concerning industrial design infringement and reaffirmed several points of law…
Smart & Biggar | Canada | 7 Dec 2022
Federal Court of Appeal upholds obviousness finding with regard to Janssen's abiraterone acetate and prednisone combination therapy patent
🕑 3 minutes In January 2021, the Federal Court found Janssen's Canadian Patent No. 2,661,422 invalid on the basis of obviousness and dismissed its actions against Apotex, Dr. Reddy's Laboratories, and Pharmascience. In a recently released decision, the Federal Court of Appeal dismissed Janssen's appeal on all issues. The patent in question concerns the treatment of prostate cancer in humans......
Smart & Biggar | Canada | 28 Nov 2022
Supreme Court of Canada affirms record-setting C$645m patent infringement award in Dow v Nova
🕑 5 minutes In an 8-1 majority ruling released on 18 November 2022, the Supreme Court of Canada affirmed the record-setting C$645 million patent infringement award in Dow v Nova. The Supreme Court dismissed Nova's appeal of the earlier decisions of the Federal Court and Federal Court of Appeal wherein Nova Chemicals Corporation was ordered to pay The Dow Chemical Company approximately C$645......
RK Dewan & Co | Canada, India | 3 Nov 2022
A Legal remedy to the conundrum pertaining to the right of ‘Communication to Public’
According to the DPIIT's Handbook of Copyright Law, making any work accessible for the public to view, hear, or otherwise experience directly or by…
Lexology PRO | Canada | 5 Oct 2022
Canadian court sends Amazon claims to arbitration
Canada’s Federal Court has ordered Amazon purchasers to arbitrate their claims that the online retailer’s “fair pricing” policy amounts to price-fixing.
