Markwell Clarizio LLP

Author name: Jason Markwell

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 …

FCA Reaffirms Strict Rules for Patent Lists Under the PMNOC Regulations Read More »

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 …

Magnitude of Savings as a Factor on Bifurcation Motions Read More »