In a decision released today, Justice Zinn held that the Federal Court had jurisdiction to consider Apotex’s impeachment action and motion for summary judgment and declared Pfizer’s patent on Viagra, Canadian Patent No. 2,163,466 invalid.
All posts by Alan Macek
Rogers, Quebecor, Telus, Bell v. SOCAN
For those interested in the copyright action started yesterday, T-2046-12, the action is a claim for restitution of past copyright tariff payments on ringtones paid by the plaintiffs to SOCAN.
Review of Federal Courts Rules
A subcommittee of the Federal Courts Rules Committee has issued its report on a review of the rules. Some recommendations include revising Rule 3 to focus on resolution rather than ‘determination’, introducing ‘proportionality’ to the Rules, increasing available cost awards and formalizing Practice Notices.
Supreme Court on Viagra
In a decision released today, the Supreme Court of Canada found Pfizer’s patent on sildenafil to be invalid for having an insufficient disclosure contrary to s.27(3) of the Patent Act.
Copyright Act Amendments Enter Force
Most of the amendments to the Copyright Act came into force today with publication in the Canada Gazette. Several sections, including those relating to notice-and-notice provisions for ISPs, are delayed for further regulations and the coming into force of treaties. Continue reading Copyright Act Amendments Enter Force
Quantum Judgment
Last week, Justice Snider issued judgment for over $215 million in the Apotex v. Sanofi-Aventis ramipril proceeding under Section 8 of the Patented Medicine (Notice of Compliance) Regulations. After issuing reasons last May, the parties were directed to jointly calculate the quantum and judgment was issued based on this calculation.
Missing a daily IPPractice email?
On days when there is no intellectual property events matching your email subscription preferences, the default action is to suppress sending an email. You can elect to receive an email every day in the Email Manager under “Email Options”. You can also view an archive of your last 10 daily emails.
Copyright Modernization Act
Last week, the Governor General in Council fixed the day portions of the Copyright Modernization Act are to come into force, as the day it is published in the Canada Gazette, likely on November 7th. Continue reading Copyright Modernization Act
UK Appeals Court rules on Apple design patent
The England and Wales Court of Appeal, in a decision written by Justice Robin Jacob, has upheld the lower court’s ruling that Samsung did not infringe Apple’s registered design with its Galaxy tablet and the requirement that Apple publish the fact of the non-infringement.
Continue reading UK Appeals Court rules on Apple design patent
Final Action Practice
The Canadian Patent Office has posted proposed revisions to the Manual of Patent Office Practice (MOPOP) chapter relating to Final Action Practice. The proposed changes relate to the proposed amendments to the Patent Rules on Final Actions published last week.