Tag Archives: Supreme Court of Canada

Section 8 at the SCC

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.

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Updates

Here are some updates on previously posted items:

Status of the Artist

Last month, the Supreme Court granted the appeal in Canadian Artists’ Representation v. National Gallery of Canada at the hearing and today, issued its reasons. The Court held that minimum fees for the provision of artists’ copyrights for existing works are eligible for inclusion in scale agreements under the Status of the Artist Act and were not contrary to the Copyright Act.

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Copyright Curiosity

Earlier today, the Supreme Court of Canada released its decision in Cinar Corporation v. Robinson2013 SCC 73. The Court upheld the findings of liability and modified the award of damages, including punitive damages. Some of the issues considered by the Court included determining “substantial part”, the admissibility of expert evidence, disgorgement of profits under the Copyright Act and punitive damages.

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Appointments and Retirement

Justice Marc Nadon of the Federal Court of Appeal was appointed to the Supreme Court of Canada yesterday. He was a judge of the Federal Court and Federal Court of Appeal since 1993.

Justice Snider of the Federal Court, who wrote many leading intellectual property decisions, is retiring effective October 12, 2013. Also, earlier this week the government appointed judges to the British Columbia, Manitoba, Nova Scotia, Ontario, PEI and Quebec courts.

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“Promise Doctrine”

The Supreme Court of Canada heard oral arguments today on Eli Lilly’s application for leave to appeal in its olanzapine patent infringement proceeding where its selection patent was found invalid for lacking utility under the ‘promise doctrine’ by the lower courts, with a decision expected this Thursday. US recently listed Canada on its IP ‘watch list’, highlighting concern with Canada’s “heightened utility requirements for patents that Canadian courts have been adopting recently.”
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