Markwell Clarizio LLP

PHARMACEUTICAL

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 »

Samsung and Biogen Enjoined From Using BYOOVIZ Trademark for their Biosimilar in Canada

The Federal Court (per Pallotta J.) held that Biogen’s and Samsung’s use of the mark BYOOVIZ in association with an ophthalmologic drug infringes Novartis’s trademark registration for BEOVU, and granted a permanent injunction preventing further use of the mark. Novartis v Biogen 2024 FC 52 Novartis is the owner in Canada of a trademark registration

Samsung and Biogen Enjoined From Using BYOOVIZ Trademark for their Biosimilar in Canada 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 »

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

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