Markwell Clarizio LLP

Author name: Jason Markwell

Parliamentary Committee Issues Report on PMPRB Reform. Calls for “Comprehensive Response” by the Government

Parliamentary Committee Issues Report on PMPRB Reform. Calls for “Comprehensive Response” by the Government On May 6, 2024, Canada’s Standing Committee on Health (“HESA”) issued a report containing “ten recommendations on how the Government of Canada can enable the Patented Medicine Prices Review Board (“PMPRB”) to more effectively carry out its mandate and implement its […]

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The “Due Care” Standard for Patent Reinstatement in Canada: A Very High Bar

The Federal Court (per Furlanetto J.) has held that the Commissioner of Patents (“Commissioner”) acted reasonably in denying a request for reinstatement of a patent that lapsed due to non-payment of an annual maintenance fee. This decision underscores the importance of having multiple lines of communication between a patent agent and a client – and

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Federal Court Upholds Use of “Clinical Similarities” to Assess PMPRB Reporting Jurisdiction

In Galderma’s long-running dispute with the PMPRB, the Federal Court (per Fothergill J.) recently upheld the PMPRB’s decision that Galderma’s patent claiming the use of a 0.3% adapalene formulation “pertained” to its DIFFERIN (0.1% adapalene) product. Galderma Canada Inc. v. Canada (Attorney General) – Federal Court (fct-cf.gc.ca) This is the most recent chapter in a

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FCA Reaffirms Strict Rules for Patent Lists Under the PMNOC Regulations

Federal Court of Appeal (Locke JA writing) holds that PMNOC Regulations do not allow a first person to amend an existing patent list to create a new patent linkage. Janssen Inc. v. Canada (Health) – Federal Court of Appeal (fca-caf.ca) Janssen Inc. v. Canada (Health) – Federal Court (fct-cf.gc.ca) This decision concerns the arcane timing

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Magnitude of Savings as a Factor on Bifurcation Motions

Federal Court (per McHaffie J.) dismisses motion to bifurcate a patent infringement action due to insufficient evidence. Bessette v. British Columbia – Federal Court (fct-cf.gc.ca) In Canada, the default process for patent infringement actions is that all issues are heard and decided together in a single trial. However, the Federal Court has a discretionary power

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