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).
Patent Experts
My recent column on the use of experts in patent cases was published last week on Slaw.ca. It touches on some of the recent developments in this area including the updated guidelines on experimental testing, blinding of experts and number of experts in bifurcated proceedings. Continue reading Patent Experts
Innovative Drugs
For those IPPractice subscribers monitoring through the new listings on Health Canada’s Register of Innovative Drugs, the Health Canada was changed recently so today’s email includes missed updates from the last while. If you are not, but are interested in innovative drug updates, you can add this feature through your subscription preferences. Continue reading Innovative Drugs
Marrakesh
Following last week’s royal assent to Bill C-11, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), Canada formally ratified the Treaty on June 30. Now with 20 countries on board, the Treaty will come into force on September 30, 2016. Continue reading Marrakesh
Marrakesh
Bill C-11 received royal asset yesterday. The Bill, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), implements provisions of the Marrakesh Treaty. Continue reading Marrakesh
Agent Privilege
Starting tomorrow, patent and trademark agents can claim privilege analogous to solicitor-client privilege for communications between the agent and their client, that is intended to be confidential and is made for the purpose of seeking or giving advice relating to the protection of inventions or trademarks. Continue reading Agent Privilege
Prothonotary Appointment
Mandy Aylen, a partner at BLG, has been appointed a prothonotary of the Federal Court in Ottawa. The appointment was effective June 16th. Continue reading Prothonotary Appointment
US Decisions
Over the past week, there have been several interesting decisions relating to IP issued in the US. In Kirtsaeng v. John Wiley & Sons, the U.S. Supreme Court considered the rule for cost shifting in copyright litigation. In Cuozzo Speed Technologies, LLC v. Lee, the U.S. Supreme Court approved of the USPTO applying ‘broadest reasonable construction’ during IPR proceedings and that the initiation of an IPR was non-reviewable. Earlier today, in Immersion Corp. v. HTC Corp., the CAFC permitted continuation application to be filed on the same day as the grant date of the parent.
Copyright Extension
A private members bill has been introduced that would, if enacted, extend copyright to 70 years. Bill C-299, An Act to amend the Copyright Act (term of copyright), was introduced on Friday by Conservative Peter Van Loan.