Intellectual Property Intellectual Property

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...

Ontario Superior Court denies certification of Cambridge Analytica class action

On February 16, 2021, the Ontario Superior Court of Justice dismissed a motion for class certification in Simpson v. Facebook, Inc., a putative...

Choueifaty patent application found to possess patentable subject-matter

The Commissioner of Patents' recent finding provides insight on the application of CIPO’s practice guidance, which is intended to comply with the...

Making the best of a bad year: Winning IP cases in 2020

May Cheng and Sydney Young highlight their list of the key decisions in Canada in 2020 for each of the three main areas of IP law.

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,...

Federal Court clarifies Canadian approach to subject-matter eligibility for computer patents

In a recent decision, the Federal Court has rejected the Commissioner of Patents' “problem-solution” approach to claim construction when...

United Kingdom’s highest court provides guidance on how to disclose inventions over large classes of products

In a recent landmark case, the United Kingdom’s highest court held that patents claiming a wide range of products must disclose how to make...