Intellectual Property Intellectual Property

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...

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...