Pharmaceuticals and Life Sciences Pharmaceuticals and Life Sciences

Making sense of the battle for the CRISPR-Cas9 patent rights

There has been an ongoing legal battle for years over the intellectual property of the CRISPR-Cas9 technology. This Update makes sense of the battle...

Canadian courts are interpreting supplementary pharmaceutical patent protection more broadly than their EU counterparts

In the first two Canadian Federal Court decisions to interpret the scope of CSPs, the Court ruled in favour of broad CSP protection where similar...

2020: A year of clarity for Canadian life sciences and software patents

Two industries in which patents play an undeniable strategic role are life sciences and software. Canada has historically been a strategic...

Canadian patent office issues guidance on computer-implemented and medical inventions following Choueifaty decision

The Canadian Intellectual Property Office (CIPO) has issued new guidance explaining how CIPO intends to apply the decision in Yves Choueifaty v...

Federal Court invalidates tadalafil dosage patent finding dose selection to be routine

The Federal Court has issued its decision in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, invalidating Eli Lilly’s patent,...

Competition Bureau reiterates its position against anti-competitive generic drug delay tactic

The Competition Bureau recently issued a press release expressing concern about the denial by one brand company, Otsuka, of samples of its kidney...

Provincial payer quashes attempted drug evergreening strategy

In a recent Alberta Court of Queen’s Bench decision, the Court considered the reasonableness of an approach taken by the Alberta Minister of Health...

Limitation periods remain suspended even after certification denied

Section 28 of Ontario’s Class Proceedings Act (CPA) suspends limitation periods for causes of action asserted in a class action. In RG v The...

Saskatchewan Court of Appeal confirms that “General Causation” need not be certified as a common issue in failure to warn class actions

In Bayer Inc v Tluchak Estate, the Saskatchewan Court of Queen’s Bench certified a class action involving the prescription anticoagulant...

Dry eye patent held invalid when viewed through proper lens

The claims of a Canadian patent are the numbered paragraphs at the end that define the scope of the legal exclusivity conferred by the patent. When...