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
Yesterday, the Federal Court released a decision in Pfizer Canada Inc. v. Mylan Pharmaceuticals ULC, 2011 FC 547 (Donepezil) (Court File No. T-1118-09).
In the decision, Justice Hughes allowed Pfizer’s application and prohibited the Minister of Health from issuing an NOC to Mylan until expiry of the patent. The key issue addressed by the court was whether the patent was invalid on the basis of an unsound prediction of utility.
Continue reading Application granted in Donepezil
Yesterday, the Federal Court released a decision in Harmony Consulting Ltd. v. G.A. Foss Transport Ltd., 2011 FC 540 (T-1269-05) relating to the award of costs after an unsuccessful copyright infringement action (2011 FC 340). After identifying that the defendant was completely successful, the plaintiff had not accepted a settlement offer prior to trial and findings of misconduct against the plaintiff, the Court ordered costs against the plaintiff as a percentage of solicitor and client costs.
Continue reading New FC decision in Harmony Consulting Ltd
Yesterday, the Federal Court Appeal released a decision in BBM Canada v. Research in Motion Limited, 2011 FCA 151 (A-347-10).The FCA held that a claim for trade-mark infringement could be brought by way of an application rather than an action.
Continue reading New FCA decision in BBM Canada v. RIM
New decisions were published in the cases of Purdue Pharma v. Canada (Attorney General) 2011 FCA 132 (Oxycodone), Apotex Inc. v. Allergan, Inc. 2011 FCA 134 (Gatifloxacin) and Varco Canada Limited v. Pason Systems Corp. 2011 FC 467.
Continue reading FC and FCA release new decisions
Yesterday, the United States Supreme Court heard oral arguments in the Microsoft v. i4i patent case in the United States. Microsoft appealed to the Supreme Court, arguing that the standard of proof needed to invalidate an asserted patent is too high. Patently-O has a summary of the oral arguments.
In today’s Canada Gazette, amendments to the Patented Medicine (Notice of Compliance) Regulations were published relating to ‘Extraordinary Use New Drugs’ (EUNDs). Changes were also made to the regulations under the Food and Drugs Act.
For those interested, I have compiled a list of Canadian patent firms/agents by volume of applications published (or entered national phase) in 2010.
Amazon.com filed its Responding Memorandum of Fact and Law earlier this week (PDF available) in the proceeding on patentable subject matter at the Federal Court of Appeal.
For those interested, I have compiled a list of Canadian trademark firms/agents by volume of applications filed in 2010.