On Tuesday, the Supreme Court of Canada will hear oral arguments in AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. (Esomeprazole) relating to the ‘promise doctrine’ of patent utility.
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
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).
The Supreme Court of Canada granted leave today in AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. (Esomeprazole), which considers, among other things, the promised utility doctrine in Canada. More details below.
The Supreme Court of Canada will release its leave to appeal decision on Thursday in AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. (Esomeprazole), which considers, among other things, the promised utility doctrine in Canada. SCC File #36654 on appeal from 2015 FCA 158.
On Thursday, the Supreme Court of Canada granted leave to appeal in the case of Google Inc. v. Equustek Solutions Inc., et. al, an appeal from a British Columbia Court of Appeal decision, in which a broad worldwide injunction was granted restraining Google, a non-party to the action, from including the defendants’ websites in Google’s search results.
The Supreme Court of Canada released an important ruling today on the role of technological neutrality in copyright law. In a 7-2 split decision in Canadian Broadcasting Corporation/Société Radio-Canada v. SODRAC 2003 Inc., et al., Justice Rothstein writing for the majority affirmed the principle of technological neutrality and held that royalties must be paid for ephemeral copies of works made by broadcasters for the purpose of facilitating broadcasting. However the majority also remanded a determination of the value of the licenses for those copyrights to the Copyright Board in order to take into account technological neutrality. A strong dissent by Justice Abella (agreed to in part by Justice Karakatsanis) disagreed that copyright applied to ephemeral copies, at all.
Continue reading SCC and Technological Neutrality
Yesterday, the Supreme Court of Canada issued an oral judgment at the hearing of Sanofi’s appeal in the ramipril Section 8 proceeding, dismissing the appeal with costs.
On Monday, April 20th, the Supreme Court will hear oral arguments in Sanofi-Aventis’ appeal in Apotex’s Ramipril proceeding pursuant to Section 8 of the Patented Medicine (Notice of Compliance Regulations). The appeal is from the March 2014 split decision of the Federal Court of Appeal in 2014 FCA 68 relating to among other things the ‘hypothetical world’, the ramp-up period and non-indicated uses.
Here are some updates on previously posted items:
- the webcast of the Supreme Court of Canada’s hearing earlier this month on technological neutrality has been posted;
- Industry Canada has updated its post on proposed amendments to the Patented Medicine (Notice of Compliance) Regulations to indicate that the proposed changes relating to the listing of patents claiming single medicinal ingredients found in combination drugs may be published in the Canada Gazette, Part 1 in 2015.
- CIPO has updated its notice on its Forward Regulatory Plan, to indicate that publication of proposed changes to the Trade-mark Regulations (Accession to trademark treaties and modernization of Canada’s trademark regime), Industrial Design Regulations (Hague Agreement) and Patent Rules (Patent Law Treaty) for consultation in Canada Gazette, Part 1 is “expected late 2016”.