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Intellectual Property

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Wednesday, November 07, 2018 @ 11:31 AM

Aggressive pharma litigants sanctioned by massive costs award two men and pigbank

On Oct. 23, 2018, Justice Michael Phelan issued a brief nine-page decision on a motion for costs in Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2018 FC 259, that would hardly be worthy of mention if it had not awarded a whopping $3.48 million in costs to the defendants, who had successfully defended against a patent impeachment action and won their counterclaim for infringement against Hospira Healthcare Corporation and additional parties to the counterclaim (Hospira Parties). ... [read more]

Wednesday, November 07, 2018 @ 8:35 AM

PATENTS - Procedure - Discovery - Protective orders

Appeal by the defendant of a prothonotary’s order that dismissed its motion for a protective order. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Friday, October 26, 2018 @ 3:10 PM

USMCA and what it means for IP in Canada Canadamexicouspuzzle_sm.jpg

Minutes before the midnight deadline on Sept. 30, 2018, Canada reached a new free trade agreement with Mexico and the United States. ... [read more]

Tuesday, October 23, 2018 @ 1:57 PM

Herceptin patents survive preliminary non-infringement challenge under new rules cancercells_sm.jpg

Significant amendments to the Patented Medicines (Notice of Compliance) Regulations came into force in September 2017. A purpose of these Regulations is to ensure that manufacturers of generic or biosimilar medicines do not receive marketing authorization before addressing patents that the innovator of the medicine maintains on a “patent list.” ... [read more]

Friday, October 19, 2018 @ 10:32 AM

Cannabis roundup: This week’s legalization opinion and analysis Cannabis legalization

Here is a roundup of all the analysis and opinion pieces we published this week covering the many aspects of cannabis legalization in Canada that came into effect on Oct. 17, 2018. ... [read more]

Wednesday, October 17, 2018 @ 11:15 AM

Cannabis: From mystery to medical intellectual property usethisone.jpg

Cannabis still maintains much of its mystery, thousands of years after it was first used by humans. There is great uncertainty among modern medical practitioners and patients about the pros and cons, and whether or not to use it at all. The limited scientific information available to date has been largely drowned out by PR hype, regulators and inaccurate anecdotal information from acquaintances. Even governments have appeared confused. ... [read more]

Wednesday, October 17, 2018 @ 8:36 AM

Budding this fall: The serious business of recreational cannabis cannabis_legalization

While we usually associate flowers with spring, the budding cannabis industry will be flowering this fall. With legalization of adult-use cannabis now finally implemented, market participants will continue their race to obtain and increase their share of the burgeoning market sector. ... [read more]

Tuesday, October 16, 2018 @ 9:17 AM

Top judge suggests Ottawa should publicly explain when it rejects courts’ reasonable budget requests TLD Exclusive

Federal Court Chief Justice Paul Crampton says the federal government should be obliged to account to the public why it turns down budgetary requests from Canada’s four national courts that are deemed reasonable by an independent advisory body. Since budget freezes nearly shuttered some of his courtrooms last year, the Federal Court’s leader has been striving to come up with a way to boost the operational funding of the itinerant national trial court that has seen successive governments turn down budget requests from the Courts Administration Service (CAS) — the registry for the Federal Court, Federal Court of Appeal, Tax Court and Court Martial Appeal Court. ... [read more]

Monday, October 15, 2018 @ 12:31 PM

Blaney McMurtry bolsters team with addition of eight associates

Blaney McMurtry LLP announced that Benjamin Burgar, Jonathan Fillipone, Dena Givari, Zoe Hontoulas, Shayan Kamalie, Jonathan Mor, Anthony Gatensby and Harrison Nemirov have joined the Toronto firm as associates. ... [read more]