ArticleThe $2 Million Case Of BeerSir Mick Jagger informed us that "you can't always get what you want," and this time, the Alberta government gets more of what they don't need.CanadaFood, Drugs, Healthcare, Life SciencesField Law
ArticleThe 3 Beer Distribution Channels For Your Micro-BreweryThere’s a lot to consider when you are a micro-brewery, whether you are just starting out or whether you have an established operation. CanadaFood, Drugs, Healthcare, Life SciencesMNP LLP
ArticleWeeding Through New Brunswick's Latest Cannabis RecommendationsNew Brunswick continues to be a thought leader in the field of regulation of recreational cannabis and provides us with a first look at what the provincial regulation of recreational cannabis might look like.CanadaFood, Drugs, Healthcare, Life SciencesStewart McKelvey
ArticleWhat's New In The Regulatory World Of Food: Enhancing Openness And Transparency At The Canadian Food Inspection Agency (CFIA)Last week, the CFIA announced that it intends to refresh its approach to openness and transparency in order to maintain trust in Canada's regulatory system for food, plants and animals. CanadaFood, Drugs, Healthcare, Life SciencesFasken
ArticleWhatever Happened To Frankenfoods?When we look back to when the Canadian Food Inspection Agency (CFIA) opened its doors for the first time in April 1997, it is interesting to reflect on the types of challenges that faced...CanadaFood, Drugs, Healthcare, Life SciencesGowling WLG
ArticleWSIB's New Policy On Medical Cannabis Will Be In Effect From March 1, 2019The Workplace Safety and Insurance Board (WSIB) has issued a policy on Cannabis for Medical Purposes which will come into effect on March 1, 2019. The policy provides guidance about when entitlementsCanadaFood, Drugs, Healthcare, Life SciencesTorkin Manes LLP
ArticleWork Permits And Immigration Strategies For Canada’s Food Processing EmployersGreen and Spiegel LLP is a leading immigration law firm serving clients across Canada and the United States, offering comprehensive corporate and individual immigration services. CanadaImmigrationGreen and Spiegel LLP
ArticleAn Unsuccessful Defendant Is Not Entitled To Elect An Accounting Of Profits To Shield Itself From An Award Of Damages (Intellectual Property Weekly Abstracts - Week of November 7, 2016)On September 7, 2016, the Court held that Bayer's patent was valid and infringed (2016 FC 1013; our summary here). The parties were given an opportunity to make written submissions regarding Bayer's entitlement to elect between damages and an accounting of profits.CanadaIntellectual PropertyBorden Ladner Gervais LLP
ArticleCase Comment - Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60In a recent decision, the Supreme Court of Canada held that Pfizer’s patent relating to sildenafil, the effective compound in Viagra, did not meet the disclosure requirements of the Patent Act, R.S.C. 1985, c. P 4. CanadaIntellectual PropertyDLA Piper
ArticleDecision Invalidating Patent As Method Of Medical Treatment Upheld (Intellectual Property Weekly Abstracts Bulletin: Week of February 3, 2014)Decision Invalidating Patent as Method of Medical Treatment UpheldCanadaIntellectual PropertyBorden Ladner Gervais LLP
ArticleDouble Trouble: Avoiding Pitfalls In Canadian Pharmaceutical Patent PracticeOver the past several years, the environment for pharmaceutical patents in Canada has improved significantly.CanadaIntellectual PropertySmart & Biggar
ArticleFederal Court Grants Leo Pharma's Application For A Prohibition Order In Respect Of DOVOBET®On Nov. 18, 2015, Justice Locke granted Leo Pharma's application to prohibit the minister of health from approving Teva's version of Leo Pharma's patented DOVOBET® product...CanadaIntellectual PropertyGowling WLG
ArticleFederal Court Issues First Biologics Decision Under PM(NOC) RegulationsAmgen Canada Inc v Apotex Inc (2015 FC 1261) is the first decision of the Federal Court under the Patented Medicines (Notice of Compliance) Regulations relating to a subsequent entry biologic. CanadaIntellectual PropertyGowling WLG
ArticleInfringement Based On Making/Selling Under Existing NOC For One Strength Struck From Action Under The PMNOC Regulations Triggered By NOA Based On Different StrengthThe Federal Court has granted in part Pharmascience's motion to strike out portions of Teva's statement of claim under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations CanadaIntellectual PropertySmart & Biggar
ArticleNew Patent Examination Guidelines For Pharmaceutical Solid Forms Proposed By CIPOThe Canadian Intellectual Property Office (CIPO) has proposed new patent examination guidelines for pharmaceutical solid forms, including polymorphs, salts, hydrates, solvates, desolvates and co-crystals.CanadaIntellectual PropertyTorys
ArticleOntario Court Of Appeal Upholds Summary Judgment Dismissing Apotex’s Claim For Unjust Enrichment And Disgorgement Of ProfitsThe case involved a claim for damages arising from Abbott's invocation of the Patented Medicines relating to its drug Prevacid®. CanadaIntellectual PropertyMcCarthy Tétrault
ArticleSanction royale pour le projet de loi C-30 qui mettra en œuvre la réforme des brevets pharmaceutiquesMes collègues Chelsea Nimmo, Kristin Wall et Judith Robinson ont fait rapport de la sanction royale du projet de loi C-30 qui mettra en œuvre les dispositions de l'Accord économique...CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleSection 8 And Other Claims Following Failed PMNOC Regulations ProceedingsApotex's initial patent hold was revoked and later re-instated, but only after the PMNOC proceedings had been resolved. CanadaIntellectual PropertySmart & Biggar
ArticleTrademark Cases: Reynolds Presto Products Inc. v. P.R.S. Mediterranean Ltd., 2013 FCA 119 (Intellectual Property Weekly Abstracts Bulleting (Week of May 6, 2013))The Court of Appeal has overturned a lower court decision and struck the mark NEOWEB from the register because it is confusing with the earlier registered mark GEOWEB. CanadaIntellectual PropertyBorden Ladner Gervais LLP