On December 1, 2025, Health Canada announced the creation of a joint program with the U.S. Food and Drug Administration (FDA) to support the establishment of a Request for Information Sharing (RIS) program for generic drugs. Specific commitments and timelines under this program have not yet been released. The RIS program is intended to facilitate […]
The Federal Court of Appeal (per Heckman J.A.) dismissed an appeal by Steelhead LNG (ASLNG) Ltd. and Steelhead LNG Limited Partnership (collectively, “Steelhead”) from a summary trial judgment dismissing Steelhead’s patent infringement action. This appeal turned on the meaning of “use” under section 42 of the Patent Act. Steelhead LNG (ASLNG) Ltd v Arc Resources
Federal Court of Appeal Interprets “Use” in Section 42 of the Patent Act Read More »
The Federal Court (Tsimberis J.) dismissed an appeal by Promotion in Motion, Inc. (“PIM”) from a Trademark Opposition Board (“Board”) decision refusing PIM’s applications to register its SWISSKISS mark and SWISSKISS & Design mark in association with “chocolate of Swiss origin”. Hershey Chocolate & Confectionary LLC (“Hershey”) successfully opposed PIM’s applications based on Hershey’s registered
In Medexus Pharmaceuticals v Accord Healthcare (2024 FC 424), Justice Pallotta dismissed the plaintiffs’ (“Medexus”) patent infringement action after finding that the patent at issue (“662 Patent”) was invalid for obviousness. The 662 Patent related to concentrations of subcutaneously injected methotrexate solutions used to treat rheumatoid arthritis and psoriasis/psoriatic arthritis. The decision addresses an interesting
In Apotex v Janssen (2024 FCA 9) and Pharmascience v Janssen (2024 FCA 10), the Federal Court of Appeal held that Apotex and Pharmascience would induce patent infringement by recommending that their respective generic products be sold and used according to the dosing regimen claimed in Janssen’s 335 Patent. Apotex Inc. v. Janssen Inc. –
The Federal Court of Appeal (Locke JA writing) has held that it is an abuse of process for second persons under the PMNOC Regulations to serve more than one Notice of Allegation (“NOA”) relating to the same patent and drug product. Janssen v. Apotex 2023 FCA 253 Facts: Janssen markets paliperidone palmitate suspension in prefilled
Multiple Notices of Allegation are Abusive Read More »
In this Federal Court decision (per Pentney J.), the plaintiffs Allergan and AbbVie (“Allergan”) were successful in upholding the validity of their 691 Patent. The defendant (“Juno”) conceded that its proposed generic drug product would infringe the 691 Patent. The main issues before the Court were obviousness and sufficiency. Allergan v Juno, 2023 FC 1686
Federal Court Determines the Inventive Concept of an Improved Drug Formulation Read More »
Co-written with Dino Clarizio This is the third of a series of three posts discussing some of the issues addressed by the trial judge (McVeigh J.) in NCS v Kobold, 2023 FC 1486. The three issues we discuss are those that arise less frequently in patent cases. They are: Topic 1: Priority Date (Post #1)Topic
Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part III Read More »
Co-written with Dino Clarizio This is the second of a series of three posts discussing some of the issues addressed by the trial judge (McVeigh J.) in NCS v Kobold, 2023 FC 1486. The three issues we discuss are those that arise less frequently in patent cases. They are: Topic 1: Priority Dates (Post #1)Topic
Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part II Read More »
Co-written with Dino Clarizio In a complex patent infringement action involving five NCS patents and one Kobold patent relating to tools and sleeves used in oil well drilling, the Federal Court (per McVeigh J.) held that NCS’s patents were invalid and not infringed, and that Kobold’s patent was valid and infringed by NCS. As a
Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part I Read More »
