News & Analysis as of

Patent Infringement Supreme Court of Canada

Smart & Biggar

Canadian IP Litigation 2023: Year in Review

Smart & Biggar on

The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more

Dickinson Wright

Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard...

Dickinson Wright on

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases....more

Smart & Biggar

2022 Highlights in Canadian Life Sciences IP and Regulatory Law

Smart & Biggar on

Below are highlights from the Rx IP’s team’s 2022 updates (see also our Top 10 Rx IP Update Reads of 2022): Contents: 1. Patent decisions on the merits 2. PMNOC Regulations: Fifth-year anniversary of major amendments,...more

Stikeman Elliott LLP

Supreme Court Clarifies Accounting of Profits Remedy in Patent Infringement Cases

Stikeman Elliott LLP on

On November 18, 2022, the Supreme Court of Canada (“SCC”) released its decision in Nova Chemicals Corp v Dow Chemical Co (2022 SCC 43). This decision upheld the largest monetary award to date in a Canadian patent infringement...more

Smart & Biggar

Supreme Court of Canada affirms record-setting $645M patent infringement award in Dow v Nova

Smart & Biggar on

In an 8-1 majority ruling released today, the Supreme Court of Canada (SCC) has affirmed the record-setting $645M patent infringement award in Dow v Nova. The Supreme Court dismissed Nova’s appeal of the earlier decisions of...more

Smart & Biggar

Supreme Court of Canada denies Amgen leave to appeal decision invalidating its filgrastim patent

Smart & Biggar on

As previously reported, Amgen sought leave to appeal a decision of the Federal Court of Appeal (2020 FCA 188) affirming Justice Southcott’s decision that the relevant claims of its filgrastim (NEUPOGEN) patent were invalid...more

Smart & Biggar

Supreme Court of Canada leave applications – January 2021

Smart & Biggar on

Supreme Court denies leave in infliximab patent infringement action - On January 8, 2021, the Supreme Court of Canada denied leave to Janssen and Kennedy Trust (Docket No. 39099) with respect to the Federal Court of...more

Smart & Biggar

Supreme Court denies leave of interlocutory decision in pregabalin section 8 case

Smart & Biggar on

On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) a decision upholding an interlocutory decision on a question relevant to the assessment of section 8...more

Smart & Biggar

Supreme Court denies leave in perindopril accounting of profits decision

Smart & Biggar on

On September 24, 2020, the Supreme Court of Canada denied leave to Apotex (Docket No. 39172) with respect to a decision affirming the quantum of profits payable to the Plaintiffs ADIR and Servier for infringement of ADIR’S...more

Smart & Biggar

Supreme Court of Canada Leave Applications - May 2020

Smart & Biggar on

UPDATE: UPDATE: On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) (see article here). Pfizer seeks leave in pregabalin section 8 case As previously...more

Smart & Biggar

Millennium and Janssen seek leave from Supreme Court of Canada in section 8 bortezomib case

Smart & Biggar on

As previously reported, the Federal Court of Appeal (FCA) dismissed Millennium Pharmaceuticals and Janssen’s appeal from a decision granting Teva’s claim for compensation under section 8 of the Patented Medicines (Notice of...more

Smart & Biggar

File wrapper estoppel in Canada

Smart & Biggar on

The Canadian Patent Act was amended last year to include a new provision which allows prosecution histories into evidence in patent proceedings to rebut representations made by the patentee regarding claims construction. ...more

Smart & Biggar

Rx IP Update - May 2019

Smart & Biggar on

IN THIS ISSUE: - Federal Court dismisses Servier's application for order of prohibition regarding salt patent for perindopril arginine - FCA upholds issuance of NON-W letter and cancellation of reconsideration process...more

Smart & Biggar

Rx IP Update - April 2018

Smart & Biggar on

Standing Committee on Health proposes National Pharmacare program, modifications to prescription and generic drug pricing - While common among member countries of the Organisation for Economic Co-operation and Development...more

Smart & Biggar

No Section 8 Liability for Valid and Infringed Patent in NEXIUM Proceeding

Smart & Biggar on

What happens when a patentee is unsuccessful in a prohibition application under the Patented Medicines (Notice of Compliance) (PMNOC) Regulations against a generic entrant, but subsequently prevails in an infringement action...more

Smart & Biggar

Rx IP Update - February 2018

Smart & Biggar on

Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal - On February 8, 2018, the Federal Court of Appeal issued public reasons for its decision dismissing Teva’s appeal relating to the damages and costs...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Smart & Biggar

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

Smart & Biggar on

The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Smart & Biggar

Rx IP Update - July 2017

Smart & Biggar on

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM...more

Bennett Jones LLP

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

Bennett Jones LLP on

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...more

Smart & Biggar

Rx IP Update - June 2017

Smart & Biggar on

Supreme Court of Canada News - SCC denies Apotex leave to appeal omeprazole infringement decision. On June 1, 2017, the Supreme Court dismissed Apotex’s application for leave to appeal (docket no. 37478) the Federal Court...more

Smart & Biggar

RxIP Update - 2016 Year in Review

Smart & Biggar on

The following are highlights of developments in Canadian life sciences intellectual property and regulatory law in 2016, updating our 2016 mid-year highlights. 1. Substantive patent law developments - Utility and...more

Smart & Biggar

Rx IP Update - December 2016

Smart & Biggar on

Janssen seeks leave to appeal to SCC regarding FCA decision upholding Minister of Health’s decisions relating to administrative drug submissions - As reported previously, on October 12, 2016, the Federal Court of Appeal...more

Bennett Jones LLP

Will the Supreme Court Rein in Evasive Defendants? Equustek v Google Inc

Bennett Jones LLP on

The persistence of a small technology company in British Columbia may expand the options available in Canadian courts to enforce intellectual property rights....more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide