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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: Removal of USA from PMPRB Comparators accepted on appeal

  • March 02, 2023
  • Ken Clark

The Governor in Council amended the regulations in respect of the PMPRB changing the reference countries used to establish a reasonable price for patented medicines in Canada - adding more European countries, but notably removing the USA and Switzerland. By doing so the Government in effect is seeking to lower patented medicine prices given that Switzerland and the USA have higher than average drug prices.

Intellectual Property

Case Summary: Legal test for assessing use of a mark for services in Section 45 proceedings clarified

  • February 24, 2023
  • Hung Nguyen

7299362 Canada owns a trademark registration for ALEXA TRANSLATIONS for consulting services in the field of corporate finance (“Corporate Finance Services”), web development services (“Web Development Services”), and software as a service (SAAS) provider in the field of language translation” (“SAAS Translation Services”), among others.

Intellectual Property

Case summary: FCA decides that a non-publicly disclosed simultaneous invention was not sufficient to invalidate a patent for obviousness

  • November 24, 2022
  • David Schnittker

The appellant, Maoz Betser-Zilevitch (“Mr. Betser”), appealed a decision of the Federal Court (the “Judgment”, 2021 FC 85), dismissing his action against the respondent, PetroChina Canada Ltd. (“PCC”), alleging infringement of his Canadian Patent No. 2,584,627 (the “627 Patent”). Mr. Betser also appealed the decision on costs (the “Costs Judgment,” 2021 FC 151).

Intellectual Property

Case summary: Federal Court upholds the validity of two patents dismissing various attacks

  • November 24, 2022
  • Kathryn Zanetti

Pharamscience Inc. (PMS) is appealing the rejection of its various invalidity attacks on two of Bristol-Myers Squibb’s (BMS) patents – the 2,461,202 patent (202 Patent) and 2,791,171 patent (171 Patent). The 202 Patent specifically claims apixaban, an FXa inhibitor used to treat thromboembolic disorders. The 171 Patent describes a method to formulate apixaban so that it effectively dissolves in vivo.

Intellectual Property

Case summary: Federal Court finds generic would induce infringement of combination therapy patent

  • November 24, 2022
  • Mala Milanese and Pablo Tseng

Janssen Inc. (“Janssen”) markets a prescription medication called OPSUMIT® in Canada for the treatment of pulmonary arterial hypertension (PAH). OPSUMIT® contains the active substance macitentan. Canadian Patent No. 2,659,770 (the “770 Patent”), owned by Actelion Pharmaceuticals Ltd. (“Actelion”), covers the use of macitentan in combination with a phosphodiesterase type-5 inhibitor (PDE5-I) to treat vasoconstriction-related diseases including PAH.

Intellectual Property

Federal Court addresses obscure prior art in the obviousness analysis

  • November 24, 2022
  • Ben Pearson

The Plaintiff, Google, brought an action alleging that the Sonos smart speakers infringe Google’s 150 Patent. The 150 Patent relates to a system of echo cancellation and noise suppression in which the order of echo cancellation and noise suppression is adaptively determined based on an amount of noise in the received signal.

Intellectual Property

Case Summary: Appeal of section 45 decision allowed because of new material evidence

  • November 24, 2022
  • Hung Nguyen

Randy River owns a trademark registration for “R2” for shirts and shorts, among others. Osler initiated a section 45 proceeding against this registration. Randy River did not file any evidence of use. As a result, the Registrar expunged the registration. Randy River appealed the Registrar’s decision to the Federal Court of Canada.

Intellectual Property

Case summary: Federal Court grants default judgment against online retailers selling ‎THC-infused products in “look-alike” SKITTLES packaging‎

  • November 24, 2022
  • Michal Kasprowicz

Mars Canada Inc. (Mars) commenced an action against a number of online retailers – King Tuts Cannabis, West Coast Supply, Shrooms Online, Flash Buds, Sure Buds – alleging that each had sold in Canada THC-infused products in packaging that would likely be confused with Skittles packaging, resulting in consumer confusion and depreciation of goodwill to the brand. Mars sought default judgment against the defendants, other than King Tuts Cannabis.

Intellectual Property

Case summary: Federal Court upholds registrar’s decision refusing to expunge trademark

  • November 24, 2022
  • Homira Haqani

The Applicant, William B. Vass (“Vass”), requested expungement of a trademark owned by the Respondent, Leef Inc. (“Leef”), a Canadian corporation in the business of manufacturing and designing furniture. The trademark, described as a blue and grey leaf pattern with the word “Leef” in blue (“Mark”), was not placed on the furniture themselves, but was included in digital brochures, product specifications, invoices for the goods, and at other stages of the sales process.

Intellectual Property