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.
Category Archives: Daily Alert
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.
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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
Patent exhaustion
The United States Supreme Court has granted certiorari in Bowman v. Monsanto Co on the application of patent exhaustion to second generation self-replicating genetically modified seeds.
Tariffs for online music
The Copyright Board released its tariff decision in the SOCAN Tariff 22.A and CSI Tariff proceedings for online music. The Board certified tariffs for CSI for music downloads, to both SOCAN and CSI for online music streaming and to SOCAN for video-clips. The Board applied the recent Supreme Court of Canada decisions on previews and downloads.
Judicial Appointments
The Honourable Michael Manson, a lawyer from Smart & Biggar has been appointed to the Federal Court. Appointments were also made to the Supreme Court of Canada, the Federal Court of Appeal, the Tax Court, and courts in British Columbia, Manitoba, Newfoundland & Labrador, Ontario, Quebec, and Saskatchewan.
Proposed changes to final action patent practice
Proposed changes to the Patent Rules were published in the Canada Gazette relating to the handling of patent applications after a “Final Action”. The proposed changes include permitting a review of the entire application and allowing the application without returning it to the examiner from the Patent Appeal Board.
Continue reading Proposed changes to final action patent practice