Proposed new regulations formalizing procedures before the Patented Medicine Prices Review Board were published in yesterday’s Canada Gazette.
Category Archives: Daily Alert
Claiming under the Patentee
Master Short released a decision on the standing of patent licensees to be added as plaintiffs-by-counterclaim in an Ontario Court proceeding relating to lansoprazole.
New gTLD
ICANN has released the list of proposed generic top-level domain names today. ICANN has to resolve duplicative claims and the new domains likely won’t be active until 2013. The new top-level domains would expand the current list including dot-com, dot-org with dot-law and dot-apple, among others.
CIPO five year plan
The Canadian Intellectual Property Office released its five-year plan called “Inspired by Innovation; Committed to Success“.
Federal Court Hearing List Updated
Those subscribers receiving updates of new trials/hearings will notice a number of new trials and hearings in today’s email. The Federal Court and Federal Court of Appeal have updated their online hearing lists for the first time in several weeks.
New Federal Court Judge
Trademark Infringement Application
The decision of Justice Near in BBM Canada v. Research In Motion Limited was released yesterday. The proceeding against RIM for trademark infringement and depreciation of BBM Canada’s registered marks was brought by way of application rather than by way of action. The Court dismissed the proceeding and awarded costs in favour of RIM. Continue reading Trademark Infringement Application
Biosimilar litigation comes to Canada
A biosimilar PM(NOC) litigation proceeding was started recently involving the drug Filgrastim. The proceeding was started by Amgen Canada against Teva in T-989-12.
Comments on CIPO Consultation
CIPO has posted the comments it received relating to its proposed guidance on patentable subject matter. Most of the posted comments are critical of the proposals. Continue reading Comments on CIPO Consultation
Ramipril Section 8
Decisions were released publicly yesterday in two PM(NOC) Section 8 proceedings. After a joint hearing with Justice Hughes, Justice Snider upheld the validity of Section 8 of the Regulations (in 2012 FC 551). She awarded the recovery of losses to Teva (in 2012 FC 552) and Apotex (in 2012 FC 553) on the assumption that an authorized generic and another generic would have enter the market.