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As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
Supreme Court denies leave in infliximab patent infringement
action
On January 8, 2021, the Supreme Court of Canada denied leave to
Janssen and Kennedy Trust (Docket No. 39099) with respect to the Federal Court of
Appeal's decision remitting to the trial judge the
reconsideration of issues of obviousness and anticipation (as previously reported).
Amgen seeks leave to appeal decision invalidating its
filgrastim patent
As previously reported, the Federal Court of
Appeal had dismissed Amgen's appeal from a decision
invalidating claims of a patent relating to filgrastim (Amgen's
NEUPOGEN and Pfizer's biosimilar product NIVESTYM). On January
4, 2021, Amgen applied to the Supreme Court of Canada for leave to
appeal (Docket No. 39530).
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
directly.
