The recently published Eleventh Edition of the Intellectual Property Review (the Review) includes a Canadian chapter. Readers are invited to learn more on the various forms of IP protection available in Canada, and highlights of important changes in Canadian IP
Pharma in Brief
Blog Authors
Latest from Pharma in Brief
Federal Court finds salt patent valid in a PM(NOC) action regarding sitagliptin
The Federal Court has allowed an infringement action concerning sitagliptin phosphate monohydrate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court dismissed allegations of obviousness and insufficiency, and it found the asserted claims to be valid and…
Federal Court sends NOC dispute concerning data protection provisions back to the Minister for a second redetermination
The Federal Court (FC) has granted an application for judicial review involving the data protection provisions in section C.08.004.1 of the Food and Drug Regulations in a case involving new drug submissions (NDSs) for two different amifampridine products.
This is…
Federal Court rejects motion for summary judgment in Canadian patent infringement case following voluntary dismissal of parallel US litigation
In a recently released decision, the Federal Court (FC) considered what happens when a patent infringement plaintiff agrees to resolve a dispute in a foreign jurisdiction, but continues to press parallel litigation against the same defendant in Canada.
In this…
CADTH advisory panel consults on framework for pan-Canadian formulary
In a recently published discussion paper, an Advisory Panel (the Panel) convened by the Canadian Agency for Drugs and Technologies in Health (CADTH) presents a proposed framework for a potential pan-Canadian formulary. The Panel is asking for feedback on…
Federal Court finds inducement of infringement at summary trial under the PM(NOC) Regulations
The Federal Court has confirmed that issues of infringement, including by inducement, may be decided by summary trial in an infringement action under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court rejected the Defendant’s attempt to avoid…
Amendments to the Federal Courts Rules
Amendments to the Federal Courts Rules (the Amended Rules) were registered on December 13, 2021 and officially published in the Canada Gazette Part II on December 22, 2021. The Amended Rules come into force on January 13, 2022.
Key Changes…
FCA upholds patent validity, rejects argument that a soundly predicted invention must be obvious
The Federal Court of Appeal (FCA) has affirmed a decision of the Federal Court (FC) finding that a patent concerning glatiramer acetate (GA) is valid and would be infringed under the Patented Medicines (Notice of Compliance) Regulations.
Background
As we…
Pharma in Brief: The 2021 Year in Review
In this article, the Pharma in Brief team has curated and provided updates on the most significant topics we covered in 2021.
Introduction
In 2021, governments advanced major policy initiatives aimed at the COVID-19 pandemic and broader health priorities. These…
PMPRB Update: further-delayed implementation of Patented Medicines Regulations amendments and new Guidelines
Changes to the Patented Medicine Prices Review Board (PMPRB) regime, contained in pending amendments to the Patented Medicines Regulations, have been delayed until July 1, 2022.
These amendments form the basis for new PMPRB Guidelines. The PMPRB has updated its…