Last blog added on Tuesday, November 10th, 2020

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  • Does the Discoverability Rule Apply to the Patent Act Limitations Provision?

    Paid Search Engine Tools, LLC v Google Canada Corp 2020 FC 992 McVeigh J            2,415,167In this motion McVeigh J declined to direct the proposed determination of a question of law relating to the limitations period in s 55.01 the Patent Act pursuant to Rule 220(1)(a), but in so doing she decide … Read more »

  • You Can’t Have Your Non-infringing Alternative and Eat it Too

    Hospira Healthcare Corporation v The Kennedy Trust for Rheumatology Research 2020 FCA 191 Gleason JA: Stratas, Laskin JJA aff’g 2019 FC 1252 & 2019 FC 1253 Phelan J            2,261,630 / infliximab / INFLECTRAIn the liability phase of Hospira v Kennedy Trust 2018 FC 259 var’d 2020 FCA 30 Hospira an … Read more »

  • Filgrastim Patent Obviousness Upheld on the Facts

    Amgen Inc v Pfizer Canada ULC 2020 FCA 188 Stratas JA: Gleason, Laskin JJA aff’g 2020 FC 522 Southcott J1,341,537 / filgrastim / NEUPOGEN / NIVESTYMSouthcott J at first instance in this NOC decision found Amgen’s 537 patent to be obvious on an obvious-to-try analysis in a decision that turned almost … Read more »

  • Split Consent Effective under the NOC Regs

     Fresenius Kabi Canada Ltd v Canada (Health) 2020 FC 1013 Manson JIDACIO / HUMIRA / adalimumabAbbVie is the owner of several patents relating to adalimumab / HUMIRA. AbbVie and Fresenius Kabi entered into a confidential licensing agreement evidently allowing Fresenius Kabi to market its biosimiliar … Read more »

  • Jurisdiction of the Federal Court to Interpret Contracts Relating to Patents: A Fresh Start

    SALT Canada Inc v Baker 2020 FCA 127 Stratas JA: Near, Woods JJA rev’g 2016 FC 830Boswell J            2,222,058 In a direct and vigorous decision, Stratas JA for the FCA has held that the Federal Court always has jurisdiction to determine who has title to a patent in an application under s 52 of th … Read more »