Pharmaceutical Drugs

What a Potential Blackberry Sale Says About Canadian Innovation

In a recent Globe and Mail op-ed, columnist Konrad Yakabuski argues that the likely sale and potential breakup of Blackberry would be a major setback to Canada’s innovation agenda.

SickKids in Court – Are Public-Private Research Collaborations a Hindrance or a Driver of the Innovative Process?

A recent lawsuit filed by Myriad Genetics involving the alleged infringement of their controversial breast cancer screening tool has included the prestigious Toronto SickKids hospital as a co-plaintiff. This lawsuit has been a source of criticism for the hospital and has reinvigorated the debate on the merits of public-private research collaborations in health care innovation.

Time for a Change? Fraser Institute Urges Canada to Strengthen its Pharmaceutical IP Laws

A little over a week ago, the Fraser Institute, a prominent and independent Canadian public policy think tank, released a report calling for a strengthening of intellectual property protection for pharmaceuticals in Canada. The report claims that the changes would produce an increase in trade opportunities and access to foreign markets that would generate an […]

Court Grants Largest Patent Infringement Damages Award in Canadian History

On July 16, 2013, the Federal Court released its decision granting the largest award of damages for patent infringement in Canadian history.  In Merck & Co., Inc. v. Apotex Inc. (2013 FC 751) (“Merck”), Justice Snider found that Merck is entitled to over $119 million in damages, plus interest, for Apotex’s infringement of Merck’s patent […]

Splitting the Difference Between Antitrust and Intellectual Property: FTC v Actavis

The dividing line between intellectual property and antitrust laws was further clarified last week when the Supreme Court of the United States (SCOTUS) settled a debate on the illegality of Reverse Payment Agreements (RPAs) in Federal Trade Commission (FTC) v Actavis. In so doing, the Court split the difference between the FTC’s assertion that RPAs […]

Sitting This One Out: SCC Refuses to Clarify “Promise of a Patent” Doctrine

Last month, the Supreme Court of Canada (SCC) denied leave to appeal in the case Eli Lilly Canada Inc v Novopharm Ltd, passing on an opportunity to clarify the controversial “promise of the patent” utility requirement for Canadian pharmaceutical patents.

A Cautionary Kudos: Canada Moves Up on USTR IP Watch List

Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection […]

IP Osgoode Speaker Series Videos

IP Osgoode would like to thank The Honourable Justice Marshall Rothstein and The Honourable Mr. Justice Roger T. Hughes for being a part of our speaker series. They both provided thought provoking commentary on intellectual property litigation from a judicial perspective.  For those who were unable to attend our speaker series events in person, analysis […]

Subsequent Entry Biologic Litigation Set to Take Off in Canada

The Canadian pharmaceutical industry is entering a new era as Subsequent Entry Biologic (SEB) litigation begins to emerge in the Canadian pharmaceutical landscape. Biologic drugs are derived through the metabolic activity of living organisms and tend to be significantly more variable and structurally complex then chemically synthesized drugs.

Canada’s Top Court Gives Canadians Something to Get Excited About, Generic Viagra!

On November 8, 2012 the Supreme Court of Canada (SCC) released its eagerly anticipated decision in the “Viagra Appeal”. In a unanimous decision written by Justice LeBel, the SCC found the patent at issue invalid for insufficient disclosure. This decision marks the end of a lengthy legal battle between Teva and Pfizer over the validity […]