The Supreme Court of Canada (SCC) recently granted AstraZeneca Canada Inc. et al. (AstraZeneca) leave to appeal from the Federal Court of Appeal’s decision upholding the invalidity of AstraZeneca’s Nexium patent. This appeal...more
Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis...more
11/18/2015
/ Canada ,
Claim Construction ,
Eli Lilly ,
Mylan Pharmaceuticals ,
NAFTA ,
Patent Invalidity ,
Patents ,
Pharmaceutical Patents ,
Popular ,
Promise Doctrine ,
Supreme Court of Canada ,
Utility Patents ,
Young Lawyers
On April 30, 2015, the Supreme Court of Canada (SCC) released its decision in White Burgess Langille Inman v. Abbott and Haliburton Co. (White Burgess), relating to courts’ assessment of the impartiality and independence of...more