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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: Motion for contempt of court granted

  • November 22, 2022
  • Ken Clark and Jonathan Marun-Batista

Bell Media enforced Anton Piller orders against the Defendants. This is a motion for contempt for not obeying the Anton Piller orders. The Federal Court granted the Plaintiff’s show cause motion for contempt, concluding that a prima facie case of contempt was made out.

Intellectual Property

Case summary: Federal Court finds INVEGA SUSTENNA® (paliperidone palmitate) patent valid (again)

  • November 21, 2022
  • Cheryl Cheung

The plaintiffs, Janssen Inc. and Janssen Pharmaceutica, commenced these two actions (Court File Nos. T-1441-20 and T-558-22) against Pharmascience Inc. pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance Regulations) pertaining to the medication INVEGA SUSTENNA®, which contains the active ingredient paliperidone palmitate.

Intellectual Property

Case summary: FCA rejects appeal alleging FC failed to adopt the perspective of the POSITA

  • November 21, 2022
  • David Chapman

The Appellants brought a s. 6(1) action under the PM(NOC) Regulations, asserting infringement of a patent relating to sustained release compositions of fampridine used in the treatment of multiple sclerosis. In the decision under appeal, the Federal Court had found four claims invalid for anticipation and all of the asserted claims invalid for obviousness.

Intellectual Property

Case summary: Leave to amend granted, but trial adjourned if new invalidity defences pursued

  • November 21, 2022
  • David Chapman

In an action brought under s. 6(1) of the PM(NOC) Regulations, the Defendant brought a motion for leave to amend its Statement of Defence, less than 15 months before trial, both to make certain corrections and clarifications and to assert new invalidity defences, where previously, only the Gilette defence had been raised.

Intellectual Property

Case summary: Court excludes expert report on the grounds that it is not proper reply

  • November 21, 2022
  • David Bowden

This decision relates to a motion by the Defendants/Plaintiffs by Counterclaim, Pattison, to exclude a reply report of an expert that was submitted by the Plaintiff/Defendant by Counterclaim, T-Rex. The Court excluded the report on the basis that only a new matter that could not reasonably have been anticipated can be made the subject of a valid reply.

Intellectual Property