Articles

CBA Members

Intellectual
Property

CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Invalidity allegations against two patents justified

  • Kiernan A. Murphy

On March 21, 2017, the Federal Court dismissed the applicants’ prohibition application under the Patented Medicines (Notice of Compliance) Regulations in connection with Apotex’s proposed generic dasatinib product. The court found Apotex’s invalidity allegations regarding Canadian Patent Nos. 2,366,932 and 2,519,898 to be justified.

Intellectual Property

Case summary: Federal Court did not err in relying on knowledge of the proceeding

  • David Chapmen

Hospira Healthcare Corporation and the other appellants (“Hospira”) appealed to the Federal Court of Appeal from two decisions of a Federal Court judge. Both decisions refused to allow Hospira to amend its Statement of Issues in the underlying bifurcated patent infringement and validity action. The first motion was dismissed by a prothonotary and then by the Federal Court judge on appeal, and the second motion attempted to assert the same claim in greater detail.

Intellectual Property