For those following the proceeding between AbbVie and Jansen relating to Stelara, the Court docket indicates a settlement was reached and today the Court issued an order that all claims and counterclaims be dismissed with prejudice. In October, the Federal Court of Appeal had set aside the trial decision and ordered a new trial.
Tag Archives: Patents
IP Overhaul
In the past year, legislation in all areas of intellectual property was amended or is in the process of being amended: the Trade-marks Act was amended twice; anti-counterfeiting amendments were made to the Copyright Act and several sections of the Copyright Modernization Act came into force; both the Patent Act and Industrial Design Act were amended to implement the treaties; and amendments to the Plant Breeders’ Rights Act are in the final stages of parliament. I discuss these changes in an article published today.
Patent and Design Change
Bill C-43, a budget bill that includes changes to the Patent Act and Industrial Design Act, has received royal assent. The changes are intended to implement the Patent Law Treaty and the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
Standard Essential Patents
Earlier today, the US Court of Appeals for the Federal Circuit released its decision in Ericsson, Inc. v. D-Link Systems, Inc. relating to standard essential patents on the 802.11(n) wireless standard. Ericsson had committed to RAND license terms on its patents and the court considered what RAND royalty rate would be appropriate.
PM(NOC) Regulations
Industry Canada has indicated that changes will be made to the Patented Medicine (Notice of Compliance) Regulations relating to the listing of patents on the Patent Register claiming single medicinal ingredients found in combination drugs.
Gene Patents
As indicated below, Children’s Hospital of Eastern Ontario (CHEO) has started litigation against the University of Utah Research Foundation, Genzyme Genetics and Yale University. The litigation seeks a declaration of non-infringement and invalidity of certain patents relating to Long QT Syndrome genes, including on the basis of non-patentable subject matter. Continue reading Gene Patents
SCC
Tomorrow, the Supreme Court of Canada was scheduled to hear arguments in Apotex Inc., et al. v. Sanofi-Aventis, et al. (Plavix/clopidogrel), including on the issue of patent utility/promise but this afternoon the Court announced that the hearing will NOT go ahead. Apotex has discontinued its appeal. Continue reading SCC
Patent and Design Changes
As part of the government’s latest budget bill, C-43, proposed changes to the Patent Act and the Industrial Design Act have been introduced. The changes are intended to implement the Patent Law Treaty and the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs. Continue reading Patent and Design Changes
Some IP-related items
- Eli Lilly’s memorandum in the NAFTA arbitration on the ‘promise’ doctrine has been posted.
- Justice Marc Noël was appointed Chief Justice of the Federal Court of Appeal replacing the Honourable Pierre Blais, who retired earlier this year.
- CIPO has announced a consultation on Modernization the IP Community, a report on the regulatory framework for trademark and patent agents prepared with IPIC, AIPPI and FICPI, of which I had a small part on one of the working groups.
- I am attending the AIPLA Annual Meeting this week. Let me know if you are planning on being there as well.
Patent Agent Exam
December 2, 2014 is the deadline for applying to write the Patent Agent Exam which will be held April 28, 29, 30, and May 1, 2015. This is the first year the exam will be held under the new rules which came into force earlier this year.