Last blog added on Friday, April 16th, 2021

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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 Limits of Anticipation by Speculation

    Teva Canada Innovation v Pharmascience Inc 2020 FC 1158 Kane J2,702,437 / 2,760,802 / glatiramer acetate / Copaxone / Glatect / NOC The patents at issue in this case relate to the use of glatiramer acetate for the treatment of multiple sclerosis [MS]. Glatiramer acetate was known to be effective in … Read more »

  • Blogging Break

    I’ll be taking a blogging break for a couple of weeks to catch up on other tasks. When I get back, I’ll start with a post on the “inventive concept” aspects of Apotex v Shire 2021 FCA 52.

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  • Salt v Baker Applied

    Mud Engineering Inc v Secure Energy Services Inc 2020 FC 1049 Aalto CMJAs discussed here, Stratas JA’s decision in Salt Canada 2020 FCA 127 clarified previously unsettled law by holding that the Federal Courts always have jurisdiction to determine ownership of a patent pursuant to s 52, overruling p … Read more »

  • A Selection Patent Does Not Differ in Substance or Form from Other Patents

    Apotex Inc v Shire LLC 2021 FCA 52 Rennie JA: de Montigny, Gleason JJA affg 2018 FC 637Fothergill J            2,527,646 / lisdexamfetamine [LDX] / VYVANSE / NOCRennie JA’s decision for the FCA is noteworthy in three respects. First, Rennie JA held in the clearest of terms that nothing turns on whet … Read more »

  • PM(NOC) Statutory Stay Damages Regime is a Complete Code

    Apotex Inc v Eli Lilly Canada Inc 2021 ONSC 1588 Schabas J             2,041,113 / olanzapine / ZYPREXAUnder the patent linkage system established by the PM(NOC) Regulations, a patent that is ultimately held to be invalid can keep competitors off the market for two years by operation of the statutor … Read more »