Eli Lilly has filed a “Notice of Intent” to challenge the ‘promise doctrine’ in Canadian patent law through NAFTA. The focus of the statement is on the law of the ‘promise’ of a patent in determining patent validity whether it complies with Canada’s obligations under TRIPs and NAFTA.
Category Archives: Daily Alert
Patented Medicine Prices Review Board
New rules on procedure and practice before the Patented Medicine Prices Review Board were published in the Canada Gazette today to codify existing procedures.
Myriad Genetics going to the US Supreme Court
This afternoon, the United States Supreme Court announced that it will hear the appeal in Association for Molecular Pathology v. Myriad Genetics on a single question: “Are human genes patentable?”
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Patent Agent Exam
The deadline for applying for the Canadian Patent Agent Exam is November 30, 2012. This is likely the last year for the patent agent exam under the current rules before new regulations applicable to the patent and trade-mark agent exams come into force.
Justice Létourneau
Justice Létourneau of the Federal Court of Appeal is retiring and has tendered his resignation effective December 31, 2012.
Federal Court of Appeal on Inventive Concept
In a decision released Friday, the Federal Court of Appeal held that inventive concept is a question of law and application judges should look to determinations of inventive concept made in prior proceedings.
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Patentable Subject Matter
Tomorrow is the one-year anniversary of the Federal Court of Appeal’s Amazon.com decision on patentable subject matter. There are reports that new CIPO Practice Notices on patentable subject matter will be issued after Christmas.
Is the sildenafil patent invalid?
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.
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.