In a decision published yesterday, Justice Crampton of the Federal Court denied Astrazeneca’s request for an interlocutory injunction against Apotex. The decision is Astrazeneca Canada Inc. v. Apotex Inc., 2011 FC 505 (Esomeprazole) in T-1668-10 and follows a PM(NOC) proceeding in which Apotex’s allegations of invalidity against at least some of the patents were found justified (T-371-08). The decision has already been appealed and the appeal dismissed by the Federal Court of Appeal (A-180-11).
Professor Norman Siebrasse of University of New Brunswick and author of the Sufficient Description blog, has an interesting discussion of the test for an interlocutory injunction in the context of this decision.
The U.S. House and Senate have now both passed patent reform legislation which would make the U.S. patent system first-to-file. Earlier today, the U.S. Supreme Court granted cert in Hyatt (relating to appeals from the USPTO) and Caraco v. Novo Nordisk (relating to FDA patent listings).
Continue reading U.S. Patent News
Earlier today, the United States Supreme Court announced that it would be hearing the appeal in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The Amazon.com hearing before the Federal Court of Appeal is scheduled for tomorrow in Toronto.
Continue reading Patentable Subject Matter Update
In a decision published today, the Federal Court of Appeal upheld a lower court decision striking the plaintiff’s further amended statement of claim on the basis that it did not provide sufficient details of the defendant’s activity that would constitute infringement. The Court upheld the view that the allegations were not on any knowledge or evidence of the plaintiff of the defendant’s activities and the plaintiff hoped to fill in the gaps in its knowledge through discovery. Continue reading Particulars needed for pleading patent infringement
The U.S. Supreme Court issued its decision in Microsoft v. i4i (PDF) and held in favour of i4i, upholding the “clear and convincing evidence” standard of evidence needed overcome the presumption of validity in an issued patent. Continue reading US Supreme Court rules on presumption of validity
The Federal Courts Rules Committee has posted a discussion paper on possible procedural changes to the Federal Courts Rules. The proposed changes relate to among other things, time limits for defences, books of authorities, amici curiae, and monetary limits for simplified procedure and prothonotaries. Comments are requested by the Rules Committee by
June 24, 2011July 15, 2011.
Continue reading Discussion paper on changes to Federal Courts Rules
Yesterday, the Federal Court published its decisions in Canadian Generic Pharmaceutical Association v. Canada (Health) 2011 FC 465 relating to the standing of CGPA to challenge a decision of the Minister of Health listing fluticasone furoate under the data protection regulations. The court held that the CGPA does not have standing to challenge the decision.
Continue reading Federal Court decision in Canadian Generic Pharmaceutical Association
There are two new features to help you manage the IPPractice.ca daily email and avoid missing any updates. You can now 1) select to receive the daily email even if there are no substantive updates to report; and 2) access an archive of your IPPractice.ca daily emails. Both options are available through the Email Manager. Continue reading New Features