Last blog added on Thursday, January 30th, 2020

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Recent Posts

Below is a preview of the five most recent posts from the blog Sufficient Description. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • The State of the Art Includes All Prior Art

    Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2020 FCA 30Locke JA: Rivoalen, Nadon JJA var’g 2018 FC 259 Phelan J             2,261,630 / infliximab / INFLECTRA The third step of the Windsurfing/ Pozzoli approach to obviousness, as approved by the Supreme Court in Sanofi … Read more »

  • Burden of Proving Priority

    Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2020 FCA 30Locke JA: Rivoalen, Nadon JJA var’g 2018 FC 259 Phelan J             2,261,630 / infliximab / INFLECTRA An apparently novel issue raised in this appeal was the burden of proving priority. The application for the 630 … Read more »

  • Patentability of Methods of Medical Treatment “Deserves Deep Analysis”

    Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2020 FCA 30Locke JA: Rivoalen, Nadon JJA var’g 2018 FC 259 Phelan J             2,261,630 / infliximab / INFLECTRAKennedy Trust’s 630 patent covers the adjunctive use of methotrexate [MTX] and infliximab for the treatment of r … Read more »

  • A Party Acting Entirely Outside of Canada Cannot Be Liable under the Saccharin Doctrine

    Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2020 FCA 30Locke JA: Rivoalen, Nadon JJA var’g 2018 FC 259 Phelan J             2,261,630 / infliximab / INFLECTRA This point covers two issues related to the Saccharin doctrine: a party who conducts activities entirely outsid … Read more »

  • Lump Sum Costs Awarded

    Packers Plus Energy Services Inc v Essential Energy Services Ltd 2020 FC 68 O’Reilly J 2,412,072In this costs decisions following from Packers Plus 2017 FC 1111 aff’d 2019 FCA 96, holding Packers’s 072 patent to be invalid and not infringed, O’Reilly J awarded the prevailing defendants lump sum cost … Read more »