Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients.
Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights.
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.
As previously reported, the Federal Court of Appeal (FCA) dismissed Millennium Pharmaceuticals and Janssen's appeal from a decision granting Teva's claim for...
As
previously reported, the Federal Court of Appeal (FCA)
dismissed Millennium Pharmaceuticals and Janssen's appeal from
a decision granting Teva's claim for compensation under section
8 of the Patented Medicines (Notice of Compliance)
Regulations relating to Teva's bortezomib product (Janssen
markets bortezomib as VELCADE). The FCA upheld
Justice Locke's finding that Teva would not have infringed
Patents Nos. 2,203,936 and 2,435,146 because their relevant claims were
invalid for obviousness. On January 3, 2020, Millenium
Pharmaceuticals and Janssen applied to the Supreme Court of Canada
for leave to appeal (Docket No. 39007).
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.
