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.
Obesity and chronic diseases, like diabetes and heart disease, are on the rise. To solve this crisis, we seem to be searching for the next super food, known as functional food, which will lower our blood sugar, reduce hypertension, and make us lose five pounds.
The extremely variable pricing of diamonds has made them a historically difficult and unstable commodity to trade. However, recent advents in diamond technology have been patented, and industry insiders such as Martin Rapaport have suggested that diamonds will become akin to gold from an economic standpoint.
A somewhat confusing victory for Allergan Inc. was won on June 18th, as the Honourable Justice Hughes upheld their patent on COMBIGAN despite the fact that their invention was ruled to be obvious. The Honourable Justice Hughes ruled in favour of Allergan by prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) […]
In late March, The United States Supreme Court ordered the U.S Court of Appeal for the Federal Circuit to reconsider Myriad Genetics’ existing patent on two genes associated with a high risk of breast and ovarian cancer, in light of the judgement rendered in Mayo Collaborative Services v Prometheus Labs (Prometheus). A unanimous Supreme Court […]
On March 20, 2012, the United States Supreme Court decided Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (U.S. 2012). The case was unanimous and emphatically reaffirmed that United States patent law does not allow ownership of "laws of nature." The context was a pair of patents owned by Prometheus which claimed […]
In a move with far reaching implications for the debates around pharmaceutical patents, innovation and access to medicines, the Indian patent office issued its first ever compulsory licence in the post TRIPS era. While health activists, generic manufacturers and several academics lauded the decision, the multinational pharmaceutical industry was up in arms.
In September 2012, United States patent reform legislation goes into effect. (The “America Invents Act.” or AIA, Pub.L. No. 112–29; House Report No. 112–98 ,112TH Cong., 1ST Sess. 2011. Referenced as “Report.”) The Report states that the AIA was the first “comprehensive patent law reform in nearly 60 years.” The legislative process took six years […]
I am pleased to join you from south of the border. My work has been focussed in the United States. Intellectual property laws are very powerful and important today. Yet they are but part of the larger body of law in any country. They are also part of a developing fabric of international commercial […]
With a well-deserved reputation for counterfeiting and knockoffs, we have rarely looked to China for innovation and invention. Nevertheless, as an ever-growing giant on the world’s economic stage, China has taken steps to remedy this deficiency. About a year ago, Thomson-Reuters released their second report on the nation’s patent prowess, suggesting that China’s patent will outpace Japan […]