Intellectual Property Intellectual Property

Canadian court interprets CETA drug patent extensions more broadly than EU equivalent

The Federal Court ruled in its first case to consider the Canadian supplementary protection scheme for patented pharmaceuticals in relation to a...

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...

Supreme Court Majority alters framework for judicial reviews and statutory appeals

On December 19, 2019, the SCC issued its decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov and Bell Canada v. Canada (Attorney...

Competition Tribunal confirms business justification is the paramount consideration in an abuse of dominance case

On October 17, 2019, the Competition Tribunal (Tribunal) rendered its decision in CT-2016-015 Commissioner of Competition v. Vancouver Airport...

Federal Court issues landmark website-blocking injunction with significant implications for ISPs

In the first order of its kind in Canada, the Federal Court has issued an injunction directing internet service providers (ISPs) to prevent user...

Change is coming with new Canadian Patent Rules/amended Patent Act

New Canadian Patent Rules (Rules) and amendments to the Canadian Patent Act (the Act) will come into force on October 30, 2019. This Update...

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...

Canada takes major steps toward enhanced biosimilar access

Over the last month, the Canadian Agency for Drugs and Technologies in Health and the Government of British Columbia have taken significant steps to...

When it comes to what you can patent, patent offices don’t always know best

In its decision in Cleveland Clinic, the U.S. Federal Circuit Court of Appeals invalidated an issued patent directed to a medical diagnostic method,...