Markwell Clarizio LLP

obviousness

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

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 Determines the Inventive Concept of an Improved Drug Formulation

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

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