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.
Continue reading Leave granted by SCC in Sildenafil
The Supreme Court of Canada is planning to announce judgments in five intellectual property related leave applications on Thursday, May 5, 2011. The leave applications relate to fair dealing, s.8 damages under the PM(NOC) regulations, the Saccharin doctrine and insufficiency.
Continue reading Five IP leave applications at the SCC
The Federal Court of Appeal has fixed the hearing date regarding the patentability of Amazon.com‘s patent for June 21, 2011 at 9:30 on Toronto.
Continue reading Amazon.com hearing set for June 21
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.
Yesterday, the Canadian Life and Health Insurance Association Inc. and the Canadian Bankers Association filed a motion to intervene (PDF available) in the Amazon.com proceeding on patentable subject matter at the Federal Court of Appeal.