This Order and Reasons dealt with a motion that was brought by Bayer in the context of a judicial review, which circumstances may be summarized as follows: On August 22, 2023, Bayer made a submission to the Office of Patented Medicines and Liaison (the “OPML”) to list Canadian Patent No. 2,970,315 (the “315 Patent”) on the Patent Register in respect of the product EYLEA®, but the eligibility decision was not made until August 30, 2023

This Order and Reasons dealt with a motion brought by the plaintiffs (Janssen Inc. and Mitsubishi Tanabe Pharma Corporation, collectively, “Janssen”) for an order requiring the defendant (JAMP Pharma Corporation) to produce certain samples. The motion was brought in the context of an action brought by Janssen under the Patented Medicines (Notice of Compliance) Regulations involving the medicinal ingredient canagliflozin.

This is a motion to amend the statement of claim in an underlying patent infringement action. The proposed amendments are to add allegations of infringement regarding the services provided by the defendant.

This is a motion for reply evidence related to an underlying action under section 6(1) of the PM(NOC) Regulations. The underlying action addresses two patents at issue, both of which include as an element of formulation, the excipient lecithin.

EMD Serono (EMD) sought relief in respect of the Minister of Health’s (Minister) decision that Canadian Patent No. 3,087,419 (419 Patent) was eligible for listing on March 23, 2023, the date of the Minister’s eligibility decision and not March 16, 2023, the date on which the 419 Patent was submitted.

PDM Parthian Distributer & Marketing Adviser GMBH (PDM) appealed the Trademarks Opposition Board’s (Board) decision to refuse PDM’s application for the BLACK PUNK trademark. The Board held that Brewdog PLC (Brewdog) had met its initial burden to evidence use of its PUNK trademark prior to PDM’s filing date and PDM did not establish that there was no reasonable likelihood of confusion between the trademarks.

PDM Parthian Distributer & Marketing Adviser GMBH (PDM) appealed the Trademarks Opposition Board’s (Board) decision to refuse PDM’s application for the BLACK PUNK trademark. The Board held that Brewdog PLC (Brewdog) had met its initial burden to evidence use of its PUNK trademark prior to PDM’s filing date and PDM did not establish that there was no reasonable likelihood of confusion between the trademarks.

Tekna Plasma Systems Inc (Tekna) and AP&C Advanced Powders & Coating Inc (AP&C) are manufacturers of metal powders that were used in additive manufacturing.

This case was an unsuccessful appeal of the Trademark Opposition Board’s decision rejecting the Applicant’s (DMC) opposition of the Respondent’s (Mr. Giusti) trademark application.

In Steelhead LNG (ASLNG) Ltd. v Arc Resources Ltd., 2024 FCA 67, the Federal Court of Appeal assessed the meaning of “use” of a patented invention under s. 42 of the Patent Act. The Court affirmed that the exclusive right to “use” attaches to the physical invention patented, not the concept or purpose of that invention. The Court found a distinction between use of the actual, physical invention and use of the invention’s purpose.