Markwell Clarizio LLP

patents

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 […]

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

Claims to Dosing Regimens May Not Be Prohibited Methods of Medical Treatment: A Question of “Whether” and “How”

In Pharmascience v Janssen, the Federal Court of Appeal (Locke JA writing for the Court) held that the claims in Janssen’s patent to a dosing regimen are not prohibited as a method of medical treatment. Pharmascience v Janssen, 2024 FCA 23   The Prohibition Against Patenting Methods of Medical Treatment The patentability of methods of

Claims to Dosing Regimens May Not Be Prohibited Methods of Medical Treatment: A Question of “Whether” and “How” Read More »

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

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

Federal Court Finds Takeda’s Patent Not infringed and Invalid for Inutility and Insufficiency

The Federal Court (per Furlanetto J.) held that Takeda’s 916 Patent covering aspects of its DEXILANT® capsules is not infringed by Apotex’s proposed generic dexlansoprazole capsules and, in any event, is invalid for inutility (lack of sound prediction) and insufficiency. Takeda Canada Inc. v. Apotex Inc. – Federal Court (fct-cf.gc.ca) The Court’s infringement and validity

Federal Court Finds Takeda’s Patent Not infringed and Invalid for Inutility and Insufficiency Read More »

Generic Manufacturers Induce Patent Infringement by Recommending Use of a Patented Dosing Regimen in their Product Monographs

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. –

Generic Manufacturers Induce Patent Infringement by Recommending Use of a Patented Dosing Regimen in their Product Monographs Read More »

Litigating Patents in Canada Compared to the U.S.A.

Some commentators have said the Inter Partes Review process and various U.S. Supreme Court decisions have recently made enforcement of patent rights in the United States more challenging. As a result, some patentees have looked abroad to places like Europe (especially Germany) to enforce their patent rights. But what about Canada? Why should an American

Litigating Patents in Canada Compared to the U.S.A. Read More »

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

Federal Court Determines the Inventive Concept of an Improved Drug Formulation Read More »

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

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.

Announcement of a new Canadian Drug Agency by the Government of Canada Read More »

Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part III

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 »