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6 Jun 2013, 1:34 pm
The Supreme Court of Canada has clarified its earlier ruling in Teva Canada Ltd. v. [read post]
26 Nov 2012, 4:00 am
Trent Horne and Edward (Ted) Yoo In a unanimous decision, the Supreme Court of Canada has provided valuable guidance to patent agents and litigators as to how Canadian patents will be read and enforced (Teva Canada Limited v Pfizer Canada Inc, 2012 SCC 60). [read post]
27 Jul 2016, 5:06 pm
Teva Canada Limited, 2016 FCA 161, the Federal Court of Appeal (“FCA”) recently overturned a substantial damages award in a pharmaceutical patented medicines action on the basis that the trial judge admitted improper hearsay evidence. [read post]
24 Aug 2016, 4:00 am
Teva Canada Limited v. [read post]
11 Jan 2013, 4:00 am
Bell Helicopter Textron Canada Limitée (2012 FC 113)). [read post]
16 Jul 2013, 4:00 am
Notably Hughes appears to agree with the UK approach, but finds the Teva SCC 2012 decision (regarding the Viagra patent) mandates that the publication date must be the relevant date for sufficiency: That [UK] decision would make sense in Canada under the scheme of either the “old” or “new” Patent Act, were it not for the recent decision of the Supreme Court of Canada in Teva. [read post]
18 Feb 2020, 4:00 am
Pfizer Canada ULC, 2020 FC 1, at para. 57. [19] The claims are not limited to the “best mode,” often called the “preferred embodiment,” described in the specification or illustrated in the drawings: Bombardier Recreational Products Inc v Arctic Cat, Inc, 2018 FCA 172 at paragraph 54. [20] See Bristol-Myers Squibb Canada Co v Teva Canada Limited, 2016 FC 580 at paragraph 335. [21] That presumption was colourfully described… [read post]
24 Aug 2022, 4:00 am
Teva Canada Ltd., 2022 ONSC 4690 (CanLII) [312] Given the li [read post]
14 Nov 2008, 2:08 am
You can separately subscribe to the Pharma & Biotech edition of the IP Think Tank Global Week in Review by subscribing by email, or selecting ‘all posts’ or ‘Pharma, Biotech & Chem’ for the RSS option at the Subscribe page: [duncanbucknell.com] Highlights this week included: Plavix (Clopidogrel) - Canada: Selection patents upheld by Supreme Court: Apotex v Sanofi-Synthelabo Canada (Jeremy de Beer) (ipblog.ca)… [read post]
14 May 2015, 4:00 am
In limited circumstances, it remains a legitimate validity challenge. [read post]
21 Nov 2012, 11:35 pm
The immediate effect is that the Viagra patent is therefore voided in Canada, which will allow for generic substitutes. [read post]
26 Nov 2012, 4:00 am
Trent Horne and Edward (Ted) Yoo In a unanimous decision, the Supreme Court of Canada has provided valuable guidance to patent agents and litigators as to how Canadian patents will be read and enforced (Teva Canada Limited v Pfizer Canada Inc, 2012 SCC 60). [read post]
2 Jul 2017, 12:52 am
These were as follows:The patent system has a duel purpose - incentivize new inventions (by granting time-limited exclusive rights) and encourage inventors to publicly disclose knowledge about those inventions for society's benefit (Teva Canada v. [read post]
1 Jul 2017, 9:39 am
These were as follows:The patent system has a duel purpose - incentivize new inventions (by granting time-limited exclusive rights) and encourage inventors to publicly disclose knowledge about those inventions for society's benefit (Teva Canada v. [read post]
10 Feb 2010, 4:47 pm
Canada (Commissioner of Patents); Monsanto Canada Inc. v. [read post]
3 Jan 2013, 2:15 pm
However, Canada is not immune from foreign and even domestic pressures to make it work much less well:Will Canada agree via CETA or TPP to permit “ex officio” border enforcement actions – i.e. officials acting on their own with their limited legal training and without judicial oversight – to stop al [read post]
1 Nov 2017, 4:00 am
Teva Canada Ltd. v. [read post]
22 Apr 2010, 3:51 am
Teva Pharmaceutical Industries Ltd. et al. [read post]
3 Mar 2020, 4:00 am
Teva Canada Limited, 2015 FC 770, the Court again followed the first path, “Teva argues that the Patent Act … no longer requires that the relevant prior art be discoverable on a reasonably diligent search – it merely has to be publicly available. [read post]
26 Nov 2017, 4:00 am
TD Canada Trust, 2017 SCC 51 (36918) All payees of a fraudulent cheque scheme by an employee of Teva were either (1) known customers of Teva’s; or (2) companies whose names could reasonably have been mistaken for its actual customers, such that all payees existed. [read post]
