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Author name: Jason Markwell

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

IP Decisions /

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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Snowplow Patents are Snowed Under due to Federal Court Findings of Obviousness

IP Decisions /

The Federal Court (per St-Louis J.) held that the asserted claims of three patents owned by Nordik Blades (collectively, the “Nordik Patents”) are invalid on the basis of obviousness. However, the Court found that the asserted claims are not overbroad and the Nordik Patents are not void under section 53 of the Patent Act. The

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

IP Decisions /

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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Announcement of a new Canadian Drug Agency by the Government of Canada

Announcements /

On December 18, 2023, the Government of Canada announced the creation of the Canadian Drug Agency (“CDA”) built from CADTH in partnership with provinces and territories. The implementation of CDA is supported by an investment of $89.5 million over 5 years.   The creation of the CDA has been in the works for many years.

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FCA Reaffirms Strict Rules for Patent Lists Under the PMNOC Regulations

IP Decisions /

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

IP Decisions /

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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Markwell LLP is a Contributor to the Chambers LIFE SCIENCES 2023 Global Practice Guide

Uncategorized /

On April 6, 2023, Chambers and Partners published its 2023 Life Sciences Global Practice Guide. Markwell LLP is very pleased to have been invited to be the exclusive author of the Canadian sections of this comprehensive practice guide which is considered the “definitive global law guide offering comparative analysis from top ranked lawyers”. In the

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