Intellectual Property, Smart & Biggar updates

Canada

Contributed by Smart & Biggar
Effectively using experts in IP litigation part two: practice
  • Canada
  • 30 November 2020

In IP litigation, the outcome of many high-stakes cases has turned on expert testimony. It is therefore important for litigators to spend time and effort to properly identify, select and prepare expert witnesses. Effective experts may need to construe complex claims through the eyes of a person skilled in the art, assess the state of common general knowledge, conduct tests to show infringement or conduct surveys to assess reputation or likelihood of confusion. This article explores the practical aspects of expert testimony.

Few significant changes made in final PMPRB guidelines
  • Canada
  • 23 November 2020

The Patented Medicine Prices Review Board recently published the final version of its guidelines which operationalise the amendments to the Patented Medicines Regulations scheduled to come into force on 1 January 2021. This article provides a brief summary of the final framework for the price review process and highlights changes relative to the June 2020 draft guidelines.

Federal Court orders minister of health to issue NOC to Fresenius Kabi for biosimilar
  • Canada
  • 23 November 2020

Justice Manson of the Federal Court recently ordered the minister of health to issue a notice of compliance to Fresenius Kabi for IDACIO (adalimumab), a biosimilar of AbbVie's HUMIRA. The minister of health had completed its review of Fresenius Kabi's new drug submission for IDACIO; the only outstanding issue was whether Fresenius Kabi had addressed the patents listed on the Patent Register in respect of HUMIRA.

CIPO's new guidelines on patentable subject matter explained
  • Canada
  • 16 November 2020

The Canadian Intellectual Property Office (CIPO) recently released new guidelines on patentable subject matter and examples applying the new guidelines to computer-implemented inventions, medical diagnostic methods and medical uses. The recency of CIPO's new guidelines and examples necessarily means that there is uncertainty in how the new guidelines will be applied in practice and over time. This article explains the main changes.

Canadian courts show trend of awarding higher costs in IP litigation
  • Canada
  • 16 November 2020

Canada's evolving costs regime in the IP litigation context raises important considerations for litigants. It is becoming more common, arguably the norm, for IP litigants in both the federal and provincial courts to recover significant costs awards. These enhanced cost consequences may amplify the significance of the strategic decisions that are made during the course of litigation, including, for example, whether to seek settlement and the appropriate time to do so.


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