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Intellectual
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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

Case summary: Federal Court allows, in part, reply evidence that serves in the interest of justice

  • February 20, 2024
  • Victoria Kolt and Pablo Tseng

Pursuant to an action wherein Takeda Canada Inc. (“Takeda”) alleges that Apotex Inc. (“Apotex”) has infringed Canadian Patent No. 2,570,916 (the “916 Patent”), Takeda brought a motion for reply evidence under s.6(1) of the PMNOC Regulations. Takeda sought leave to have its expert, Dr. Timko, provide reply evidence to an expert report produced by Apotex’s experts, Dr. Rowlings and Dr. Davies.

Intellectual Property

Case summary: Court holds that defendants in motions for security for costs should not make selective disclosure of evidence

  • February 20, 2024
  • David Schnittker

The defendants in a patent infringement action brought a motion for security for costs under rule 416(1)(b). The defendants alleged that they had reason to believe that the plaintiff would have insufficient assets in Canada available to pay the defendants’ costs if ordered to do so. The Court ultimately granted the defendants’ motion.

Intellectual Property

Case summary: AbbVie Corporation v. Jamp Pharma Corporation

  • February 20, 2024
  • Ken Clark and Jonathan Marun-Batista

In a long, 600 paragraph decision, the Federal Court held that one of three patents for a formulation of adalimumab, a monoclonal antibody used in treating various autoimmune diseases, was valid and being infringed upon by a biosimilar product, SIMLANDI.

Intellectual Property

Prima facie and reasonable inference remains a low standard

  • February 07, 2024
  • Ben Pearson

This appeal concerned a decision of the Federal Court that dismissed allegations by the appellant, Sandoz Canada Inc. (“Sandoz”), that Canadian Patent No. 2,659,770 (the “770 Patent”) was invalid.

Intellectual Property