Last blog added on Friday, September 24th, 2021

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  • NOC s 8 Regime is Still a Complete Code

    Apotex Inc v Pfizer Ireland Pharmaceuticals 2021 ONSC 6345 Diamond J            2,163,446 / sildenafil / VIAGRAThis decision is one more short chapter in the saga of Apotex’s attempts to avoid the limitation on recovery of damages under s 8 of the NOC regulations. Bigger news will be coming in the n … Read more »

  • Interpretation of CSP Provisions Must Take Into Account Their Purpose

    Merck Canada Inc v Canada (Health) 2021 FC 1015 McHaffie J            2,670,892 / suvorexant / BELSOMRAA Certificate of Supplementary Protection (CSP) grants patent-like rights which effectively extends the term of the patent as it relates to the medicinal ingredient covered by the patent. The CSP “ … Read more »

  • Gillette Defence and Prior User Rights

    Kobold Corporation v NCS Multistage Inc 2021 FC 742 Zinn J            2,919,561 At one level this is a mundane procedural decision denying a motion to file expert reply evidence on the basis that the issue ought to have been anticipated [10]. But the effect is to hold that a Gillette defence cannot … Read more »

  • Reasonable Royalty Requested Conditional on the Quantum of an Accounting

    Deeproot Green Infrastructure, LLC v GreenBlue Urban North America Inc 2021 FC 501 McDonald J2,552,348 / 2,829,599 / Integrated Tree Root and Storm Water SystemDeeproot’s 348 and 599 patents relate to a landscaping system to promote healthy urban trees using a subsurface structural cell system that … Read more »

  • Purpose of s 53.1 Explained

    Bauer Hockey Ltd v Sport Maska Inc (CCM Hockey) 2021 FCA 166 Locke JA: de Montigny, Rivoalen JJA affg 2020 FC 624 Grammond J2,214,748 / FC Prosecution History In this decision, the FCA affirmed Grammond J’s holding that the claims at issue were obvious, essentially on the basis of the deferential st … Read more »