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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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McCarthy Tétrault LLP | Canada | 8 Apr 2022

PMPRB Update: PMPRB is Accepting Intervener Leave Applications for SOLIRIS re-hearing

On April 1, 2022, Canada’s Patented Medicine Prices Review Board (“PMPRB”) announced it will hold a public re-hearing concerning the price of Alexion…
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Smart & Biggar | Canada | 6 Apr 2022

Federal Court sets aside minister of health decision to issue Ruzurgi NOC for second time

The Federal Court recently set aside, for the second time, a decision by the minister of health to issue Médunik Canada a notice of compliance for its amifampridine product, Ruzurgi, despite data protection for Firdapse (containing amifampridine phosphate), and sent the matter back for a new determination. At the heart of the second judicial review application was the interpretation of......
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Smart & Biggar | Canada | 4 Apr 2022

Place names not registrable trademarks in Canada: new case maps out old territory

Under the Trademarks Act, a trademark that clearly describes (or deceptively misdescribes) where a good or service comes from often cannot be registered. What then does a "place of origin" encompass – a city, a country, a region, a road or lines on a map? Based on a recent decision of the Federal Court, all of the above is the apparent answer.
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Smart & Biggar | Canada | 30 Mar 2022

Federal Court finds formulation patent relating to Actonel DR valid but not infringed

The Federal Court recently issued its public reasons for judgment in a patent infringement action pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations relating to risedronate sodium (Allergan's Actonel DR). Justice Kane found Canadian Patent No. 2,602,188 valid but not infringed.
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Smart & Biggar | Canada | 23 Mar 2022

Federal Court holds summary trial appropriate, Apotex and Pharmascience will induce infringement of paliperidone palmitate patent

The Federal Court has released a pair of decisions in patent litigation relating to paliperidone palmitate (Janssen's Invega Sustenna): Janssen Inc v Pharmascience and Janssen Inc v Apotex. Pharmascience and Apotex each brought a motion for summary trial, seeking to dismiss Janssen's actions for patent infringement. The Court agreed that summary trial was appropriate in both cases, but ruled......
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Bereskin & Parr LLP | Canada | 11 Mar 2022

The Devil is in the Details: Copyright Claim Struck for Failure to Plead “Written” Licence

As noted recently by Canada's Federal Court: "the Copyright Act is, at the risk of understatement, complex". Commencing a claim for copyright…
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Bereskin & Parr LLP | Canada | 8 Mar 2022

Federal Court Interprets Patent Act Amendments to Prior User Rights Provisions

The Federal Court has provided the first interpretation of the recently amended Patent Act provisions relating to the prior use defence to claims of…
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Smart & Biggar | Canada | 21 Feb 2022

Canadian patent law 2021: part two

2021 saw changes in Canadian patent legislation and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions and new takes on central tenets of patent law. This article is part of a series that highlights statutory changes and a selection of the most interesting patent cases reported in 2021.
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Smart & Biggar | Canada | 21 Feb 2022

Canadian patent law 2021: part one

2021 saw changes in Canadian patent legislation and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions and new takes on central tenets of patent law. This article is part of a series that highlights statutory changes and a selection of the most interesting patent cases reported in 2021.
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