On Monday, April 20th, the Supreme Court will hear oral arguments in Sanofi-Aventis’ appeal in Apotex’s Ramipril proceeding pursuant to Section 8 of the Patented Medicine (Notice of Compliance Regulations). The appeal is from the March 2014 split decision of the Federal Court of Appeal in 2014 FCA 68 relating to among other things the ‘hypothetical world’, the ramp-up period and non-indicated uses.
Tag Archives: Supreme Court of Canada
Updates
Here are some updates on previously posted items:
- the webcast of the Supreme Court of Canada’s hearing earlier this month on technological neutrality has been posted;
- Industry Canada has updated its post on proposed amendments to the Patented Medicine (Notice of Compliance) Regulations to indicate that the proposed changes relating to the listing of patents claiming single medicinal ingredients found in combination drugs may be published in the Canada Gazette, Part 1 in 2015.
- CIPO has updated its notice on its Forward Regulatory Plan, to indicate that publication of proposed changes to the Trade-mark Regulations (Accession to trademark treaties and modernization of Canada’s trademark regime), Industrial Design Regulations (Hague Agreement) and Patent Rules (Patent Law Treaty) for consultation in Canada Gazette, Part 1 is “expected late 2016”.
Technology Neutrality
On Monday, the Supreme Court will hear oral arguments in CBC v. SODRAC, an appeal from the Federal Court of Appeal’s decision on what copyright royalties are payable on ephemeral copies under the principles of technology neutrality.
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
Status of the Artist
Last month, the Supreme Court granted the appeal in Canadian Artists’ Representation v. National Gallery of Canada at the hearing and today, issued its reasons. The Court held that minimum fees for the provision of artists’ copyrights for existing works are eligible for inclusion in scale agreements under the Status of the Artist Act and were not contrary to the Copyright Act.
Status of the Artist
At the hearing of Canadian Artists’ Representation/Front des artistes canadiens et al. v. National Gallery of Canada today, the Supreme Court of Canada allowed the appeal and indicated an oral judgment would follow. The proceeding related to the interplay of the Status of the Artist Act and the Copyright Act.
Copyright Curiosity
Earlier today, the Supreme Court of Canada released its decision in Cinar Corporation v. Robinson, 2013 SCC 73. The Court upheld the findings of liability and modified the award of damages, including punitive damages. Some of the issues considered by the Court included determining “substantial part”, the admissibility of expert evidence, disgorgement of profits under the Copyright Act and punitive damages.
Appointments and Retirement
Justice Marc Nadon of the Federal Court of Appeal was appointed to the Supreme Court of Canada yesterday. He was a judge of the Federal Court and Federal Court of Appeal since 1993.
Justice Snider of the Federal Court, who wrote many leading intellectual property decisions, is retiring effective October 12, 2013. Also, earlier this week the government appointed judges to the British Columbia, Manitoba, Nova Scotia, Ontario, PEI and Quebec courts.
Sildenafil patent not “void”
The Supreme Court of Canada has varied its decision in Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60 to remove references to the patent being ‘invalid’ or ‘void’ and instead referred to Teva’s allegations of invalidity in the PM(NOC) application being established.
“Promise Doctrine”
The Supreme Court of Canada heard oral arguments today on Eli Lilly’s application for leave to appeal in its olanzapine patent infringement proceeding where its selection patent was found invalid for lacking utility under the ‘promise doctrine’ by the lower courts, with a decision expected this Thursday. US recently listed Canada on its IP ‘watch list’, highlighting concern with Canada’s “heightened utility requirements for patents that Canadian courts have been adopting recently.”
Continue reading “Promise Doctrine”