There is no IPPractice daily email for November 25 because the Federal Court websites are down for scheduled maintenance. Continue reading No Email
Promise at the SCC
On Tuesday, the Supreme Court of Canada will hear oral arguments in AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. (Esomeprazole) relating to the ‘promise doctrine’ of patent utility.
CETA Implementation
Bill C-30 has been introduced to implement the Comprehensive Economic and Trade Agreement (CETA) with Europe. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering the PM(NOC) procedure, and to the Trade-mark Act regarding geographic indicators with grounds of opposition and certain exceptions for prior use, acquired rights and generic terms. Amendments are also proposed to a number of other acts. Continue reading CETA Implementation
DLA Piper
As of today, I am now a partner at DLA Piper (Canada) LLP to continue my intellectual property practice as part of Dimock Stratton’s combination with DLA Piper. Update your contact lists!
Patent Colloquium
For those interested, the Fifth Annual Patent Colloquium at the new law building at UofT is a month away on Friday, November 4th. There will be panel discussions on early stage claim construction, independence of experts, non-infringing alternatives, among other topics.
IPIC AGM
I’m looking forward to catching up with friends and colleagues at the IPIC Annual Meeting in Quebec City. Please let me know if you are attending so we can meet up.
DLA Piper
I am excited to announce that I, along with six of the other partners of Dimock Stratton LLP, are combining with DLA Piper (Canada) LLP, effective November 1, 2016. We will be combining our practices with the multi-jurisdictional reach and network of DLA Piper’s global platform.
Standard of Review
In an appeal from a prothonotary decision relating to inventor examinations, a five-member panel of the Federal Court of Appeal held that the court “should abandon the Aqua-Gem standard and adopt the one set out in Housen” for appeals from discretionary decisions of prothonotaries.
Intervenor Promise
The Supreme Court of Canada granted intervenor status on the six motions to intervene in the ‘promise doctrine’ proceeding: Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual Property Policy (CIPP); the Canadian Generic Pharmaceutical Association (CGPA); the Fédération internationale des conseils en propriété intellectuelle (FICPI); the Intellectual Property Owners Association (IPO) and the Intellectual Property Institute of Canada (IPIC). See my earlier post on the intervenors and their materials. Continue reading Intervenor Promise
Intervenor Promise
The Supreme Court of Canada will be hearing AstraZeneca Canada Inc. v. Apotex Inc. on November 8, 2016 on the promised utility doctrine. Several intervenors have now filed materials on the promise doctrine: Intellectual Property Institute of Canada (IPIC), International Federation of Intellectual Property Attorneys (FICPI), Innovative Medicines Canada, BioteCanada, Intellectual Property Owners Association (IPO), Centre for Intellectual Property Policy (CIPP) and Canadian Generic Pharmaceutical Association (CGPA).