Application granted in Donepezil

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.

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New FC decision in Harmony Consulting Ltd

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.

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Leave granted by SCC in Sildenafil

Yesterday, the Supreme Court of Canada granted leave to appeal in the case of Teva Canada Limited v. Pfizer Canada Inc., et al. (Sildenafil) (SCC case #33951) which is an appeal from Federal Court of Appeal decision 2010 FCA 242. The  key issue raised in the appeal is the sufficiency of the description in the patent at issue.

The court also granted leave in the copyright case, Access Copyright (Province of Alberta as represented by the Minister of Education, et al. v. Canadian Copyright Licensing Agency Operating as “Access Copyright” – SCC case #33888) which relates to fair dealing in the educational context.

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Canadian Intellectual Property