Canada: Patent

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

Health Canada specifically contemplates certain proteins as SEBs in its Guidance, although Health Canada has not limited SEBs to only particular classes of drugs.

On May 23, 2012, the Federal Court held that Merck Frosst Canada Ltd. ("Merck") is liable to Apotex Inc. ("Apotex") for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations"), but exercised its discretion to reduce the amount of compensation payable based on a defence of ex turpi causa.

In part one of our IP licensing primer series, we broached the concept of IP licensing and explained how the type of IP...

In a significant development for farmers and the agricultural industry, amendments made last year to the Canadian Copyright Act have introduced new exemptions...

On April 29, 2025, the United States Trade Representative (USTR) released its 2025 Special 301 Report. Each year, the USTR reports on the adequacy...

In part one of our IP licensing primer series, we broached the concept of IP licensing and explained how the type of IP...

Intellectual property is a key asset of most businesses, yet IP rights are often underutilized or misunderstood as a business asset.

With the year well underway, it's an opportune time to examine the emerging and expected trends in 2025 for licensing partnerships in the life sciences industry.

On May 20th, 2025, the Ontario Superior Court of Justice in Zacon Limited v. Provincial Doors Inc., 2025 ONSC 2954 found that the validity of a patent may be challenged in court on the same grounds...

The Ontario Court of Appeal's recent decision in Apotex Inc. v. Eli Lilly and Company offers important clarity for pharmaceutical companies engaged in patent litigation under the Patented Medicines (Notice of Compliance) Regulations ("NOC Regulations").

In May 2025, Canada's natural resources minister expressed the government's intention for reduced approval timelines for major energy projects from five years to two.