Update: The Supreme Court has denied the leave applications.
On Thursday, the Supreme Court of Canada denied leave
will be announcing whether it will grant leave in three related proceedings primarily relating to the validity of a selection patent. Apotex (SCC #34067), Genpharm (#34068) and Cobalt (#34066) are seeking leave to appeal the decision of the Federal Court of Appeal in 2010 FCA 320. That decision held that Lundbeck’s patent CA1,339,452 was a valid patent for the purposes of a PM(NOC) prohibition order. Continue reading SCC denies leave on selection patent proceedings
CIPO posted a disclaimer this week about its Practice Notices suggesting that the notices “should not be quoted as, or considered to be, a legal authority.”
Continue reading CIPO posts disclaimer about Practice Notices
In a decision released yesterday, the Federal Court of Appeal has allowed Apotex’s appeal and held that Pfizer’s 132 Patent relating to latanoprost “fails to meet the requirements for sound prediction.”
Continue reading FCA allows appeal on lack of sound prediction (Latanoprost)
The Office of Patented Medicines and Liaison (OPML) within Health Canada released proposed revisions to its PM(NOC) Guidance Document relating to administrative new drug submissions and administrative abbreviated new drug submissions.
Continue reading Proposed revisions to PM(NOC) Guidance Document
The Federal Court of Appeal upheld the trial decision of Justice Gauthier in the decision Phostech v. Valence 2011 FCA 237 (PDF) finding that the trial judge made no error in construing the claim to find the patent valid and infringed.
Continue reading FCA upholds patent infringement and validity in Phostech v. Valence
Earlier today, the Court of Appeals for the Federal Circuit held in CyberSource Corporation v. Retail Decisions, Inc. (PDF), that a Beauregard claim directed to a credit card anti-fraud invention was invalid under s.101 as non-patentable subject-matter.
Continue reading CAFC on Bilski – Beauregard claim invalid
Last week, in Tucows.Com Co. v. Lojas Renner, 2011 ONCA 548, the Ontario Court of Appeal determined that a domain name was “personal property in Ontario” for the purposes of jurisdiction under Rule 17.02(a) after a UDRP proceeding had already been started.
Continue reading ONCA on domain names and UDRP
The Canadian Patent Office has issued guidelines to its examiners on examining patent applications for patentable subject matter in light of the Federal Court’s Amazon.com decision.
Continue reading CIPO issues patentable subject guidelines