Intellectual Property Intellectual Property

Federal Court of Appeal infuses greater certainty into the Canadian obviousness analysis

In Ciba Specialty Chemicals Water Treatments Limited v SNF Inc., 2017 FCA 225, the Federal Court of Appeal suggests that trial courts may have...

Welcome to the Canadian pharmaceutical patent dance

For nearly 25 years, Canada’s Patented Medicines (Notice of Compliance) Regulations have been the cornerstone of pharmaceutical patent litigation...

Canada’s patent linkage regulations get long-awaited makeover

On July 15, 2017, the Government of Canada proposed major amendments to the Patented Medicines (Notice of Compliance) Regulations, the patent linkage...

Major U.S. court decisions change patent landscape for Canadian companies

A pair of recent U.S. Supreme Court decisions in patent cases have the potential to alter the risk landscape for cross-border commercialization.

Supreme Court holds that promises are not the yardstick to measure patent utility in Canada

The Supreme Court of Canada issued its highly anticipated reasons in AstraZeneca v Apotex 2017 SCC 36. The Supreme Court rejected the “promise...

Supreme Court of Canada upholds global search engine de-indexing decision: Five implications for internet intermediaries

On June 27, 2017, the Supreme Court of Canada upheld an injunction that requires Google to remove an entire website from its global search index, in...

Supreme Court of Canada lends an enforcement hand to intellectual property right owners

In Google Inc v Equustek Solutions Inc, 2017 SCC 34 (June 28, 2017) (Equustek), the Supreme Court held that Canadian courts have discretion to issue...

Federal Court of Appeal provides much-needed clarity on the “obvious to try” test and meaning of “inventive concept”

The Federal Court of Appeal has provided clarity and guidance on two critical points in Canadian patent law: the meaning of “inventive concept”...

Canada’s NAFTA arbitration victory is a win for sovereignty and fair trade

President Trump beat up on NAFTA to secure votes in the US election. Now that he is President, he has put the trade agreement on the chopping block,...