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Intellectual
Property

CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Assessment Officers assess costs, but cannot award costs

  • October 31, 2023
  • Will Boyer

In a 2021 trial decision, two BMS patents were found to be valid and infringed by generic products to be made and sold by Pharmascience and Sandoz. In the subsequent costs decision, the Court declined to fix costs in a lump sum amount, and instead awarded costs at the upper end of Column V of Tariff B to be determined on an assessment.

Intellectual Property

Case summary: Federal Court allows extension of time to serve notice of inter partes testing and to conduct testing, opposing party compensated for financial prejudice

  • October 31, 2023
  • Jenny Thistle and Tessa Clarke (Articling Student)

In this case, the Defendants (JAMP) successfully brought a motion for an extension of time to serve notice and conduct inter partes testing in the context of two proceedings commenced by the Plaintiffs (GILEAD) pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations.

Intellectual Property

Case summary: Motions for summary trial to be denied only in rare circumstances

  • October 30, 2023

Janssen Inc., and Actelion Pharmaceuticals Ltd. (collectively, the “Applicants”) brought a motion to oppose the scheduling of a motion for summary trial that Sandoz Canada Inc. (the “Respondent”) intended to bring under section 213(1) of the Federal Courts Rules (the “Rules”).

Intellectual Property

Case summary: Federal Court denies in personam order to produce assignor inventors for discovery

  • October 30, 2023
  • Karin Mistlberger and Pablo Tseng

Jamp Pharma Corporation (the “Applicant”) brought an application under Rule 237(4) of the Federal Courts Rules (the “Rules”) to compel the attendance of Boehringer Ingelheim (Canada) Ltd. and Boehringer Ingelheim International GMBH’s (collectively, the “Respondents”) 13 employee inventors (the “Inventor Employees”) for discovery.

Intellectual Property