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Searching Content indexed under Patent by McCarthy Tétrault LLP ordered by Published Date Descending.
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1
Federal Government Publishes Amendments Significantly Altering Canada's Patented Medicines Pricing Regime
On August 21, 2019, the Government of Canada published amendments to the Patented Medicines Regulations that set out the long-awaited framework applicable to the price regulation of patented drugs in Canada.
Canada
23 Aug 2019
2
Overhaul Of Canadian Pharmaceutical Pricing Regulations: Amendments To Be Published August 21, 2019
The amendments to the Regulations are expected to be effective as of July 1, 2020.
Canada
14 Aug 2019
3
Implicit Common General Knowledge Renders Claims Obvious: Tetra Tech EBA Inc. v. Georgetown Rail Equipment Company
The Federal Court of Appeal allowed Tetra's appeal, holding that the 082 patent claims were obvious.
Canada
30 Jul 2019
4
Federal Court Of Appeal: Obviousness Is An "Inherently Factual" Inquiry
Recently, the Federal Court of Appeal published its decision in Packers Plus Energy Services Inc. v. Essential Energy Services Ltd.,[1] in which the appellant
Canada
18 Jul 2019
5
Federal Court Of Appeal Provides Important Guidance For Determining Jurisdiction Of The PMPRB
On June 28, 2019, in the Federal Court of Appeal's decision in Attorney General of Canada v Galderma Canada Inc., 2019 FCA 196, the Court confirmed that the Patented Medicines Price Review Board acted unreasonably.
Canada
12 Jul 2019
6
Federal Court Abolishes ‘Reasonably Diligent Search' Test And Invalidates Claims 9-10 In Aux Sable Patent Action
On Friday, May 10 the Federal Court publicly released its decision in the patent impeachment action Aux Sable Liquid Products LP et al. v. JL Energy Transportation
Canada
28 May 2019
7
Product-Specificity Strikes Back: Minister Of Health Rejects CSP Application
Recently, ViiV Healthcare ULC brought one of the the first applications for judicial review from a decision of the federal Minister of Health (the "Minister") to deny a certificate
Canada
26 Apr 2019
8
Bill C-86 Update
Enacted through Bill C-86, the Budget Implementation Act, 2018, No. 2 makes changes to the patent, trademark, and copyright regimes, including the creation of a regulatory college for patent and trademark agents.
Canada
16 Apr 2019
9
There And Back Again: Frac Shack Once Again Victorious In Patent Infringement Case
Patents can be among the most valuable assets natural resource companies own.
Canada
29 Mar 2019
10
Test For Patent Obviousness Not So Obvious – Federal Court Of Appeal Affirms Obviousness Is A "Flexible, Contextual, Expansive, And Fact-Driven Inquiry"
In late January, in two decisions released simultaneously, the Federal Court of Appeal affirmed the broad and factually-suffused nature of the obviousness inquiry.
Canada
4 Mar 2019
11
Canadian Patent Act Amendments Introduce File Wrapper Estoppel
New amendments to the Canadian Patent Act deem a patent's Canadian prosecution history (the so-called file wrapper) material in litigation where claim construction is at issue.
Canada
21 Jan 2019
12
Competition Bureau Refers To TREB In Updated Draft IP Guidelines
In the Draft IPEGs, the Bureau describes its approach to the exercise of IP rights as consistent with the FCA's comments in TREB.
Canada
7 Jan 2019
13
Federal Court Of Appeal Clarifies Key Damages Concepts
Late last month, the Federal Court of Appeal released its long-awaited decision in Apotex Inc. v. Eli Lilly and Co., 2018 FCA 217.
Canada
4 Jan 2019
14
Post-AstraZeneca: Has The Promise Doctrine Vanished From Patent Litigation? Likely, Yes
In the last decade, the promise doctrine was the sole ground for invalidating patents in over a dozen of cases.
Canada
15 Oct 2018
15
Federal Court Of Appeal Reaffirms: The Right Expert Is Critical
Last week, the Federal Court of Appeal published its decision in Bombardier Recreational Products v. Arctic Cat, 2018 FCA 172.
Canada
12 Oct 2018
16
USMCA: Four Important Changes To Intellectual Property Rights
Earlier this week, Canada, the United States and Mexico reached an agreement in principle on the successor to NAFTA ...
Canada
9 Oct 2018
17
A Lesson On When To Strike: Case Comment On Badawy V 1038482 Alberta Ltd Et Al., 2018 FC 807
The Defendants brought a motion to strike the Plaintiff's Statement of Claim.
Canada
11 Sep 2018
18
Modernizing Canada's Industrial Design Regime: Top 10 Changes
On June 27, 2018, the Government of Canada published upcoming changes to the Industrial Design Regulations (IDRs).
Canada
6 Aug 2018
19
Shire's Vyvanse Patent Valid And Infringed – Federal Court Raises Key Patent Law Issues
In Apotex Inc. v. Shire LLC, 2018 FC 637 ("Vyvanse"), Justice Fothergill of the Federal Court dismissed Apotex's action to impeach Shire's patent covering its drug Vyvanse.
Canada
6 Aug 2018
20
It's Settled Then: Federal Court Enforces Settlement Where Parties Disagreed On Terms Of Formal Settlement Agreement
The Federal Court's recent decision in Maoz Betser-Zilevitch v Nexen Inc. et. al., 2018 FC 735 is a reminder to litigants that "a settlement agreement may be reached quickly without formality...
Canada
6 Aug 2018
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