As a party to the United States-Mexico-Canada Agreement (USMCA), Canada has agreed to adopt important new protections for biologic and other pharmaceutical innovation, as well as other changes to strengthen its patent system and harmonise certain IP laws with its trading partners.
November 19, 2018
The Quebec Superior Court recently granted an interlocutory injunction in a patent infringement case, even when confronted with contradictory evidence on the construction of the allegedly infringing patent claims and in the absence of expert evidence on the allegation of irreparable harm.
March 27, 2018
The Federal Court invalidated the claims of a patent asserted in an infringement action, finding the plaintiffs’ choice to advance a broad construction invited the unavoidable validity problems that these claims are obvious and lack novelty.
March 01, 2018
Nothing is what it seems, and according to a recent Federal Circuit opinion, details matter.
February 22, 2018
After much anticipation, the Canadian Intellectual Property Office (CIPO) released a draft proposal of the new Patent Rules August 1st, 2017.
August 03, 2017
The Supreme Court of the United States in Lexmark v Impression Products 581 U. S. ____ (2017) May 30, 2017 has disallowed any patent post-sale restrictions following the sale of a patented article from the patent owner or any licensee from the patent owner.
June 12, 2017
In the University of Alberta v Canada (Attorney General) 2017 FC 402 (April 24, 2017), the Federal Court has confirmed once again the harsh reality of the Canadian patent prosecution world.
May 10, 2017
As the saying goes: winners never quit, and quitters never win.
February 10, 2017
In Apotex Inc. v Astrazeneca Canada Inc., 2017 FCA 9, the Court of Appeal had to interpret section 39 of the Federal Courts Act in order to determine the appropriate limitation period for those patents that issued before a six-year limitation period was established by section 55.01 of the Patent Act in 1993.
January 23, 2017
The government announced on November 28 that it will ratify the Unified Patent Court Agreement, which means that a system providing for a unitary patent right covering most of the EU member states
December 20, 2016
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