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  • Article

    Supreme Court Of Canada Denies Amgen Leave To Appeal Decision Invalidating Its Filgrastim Patent

    As previously reported, Amgen sought leave to appeal a decision of the Federal Court of Appeal (2020 FCA 188) affirming Justice Southcott's decision that the relevant claims of its filgrastim (NEUPOGEN)
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Denies Leave To Appeal In "PM(NOC)" Judicial Comity Case

    The Supreme Court of Canada has recently denied leave to appeal from the Federal Court of Appeal decision in "Allergan Inc. et al ats. Apotex Inc.".
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Dismisses Apotex's Application For Leave To Appeal Macitentan Inducing Infringement Decision

    As previously reported, the Federal Court of Appeal dismissed Apotex's appeal of a decision relating to macitentan (Janssen's OPSUMIT), which found that Apotex would induce infringement of Janssen's patent.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Leave Applications

    Eli Lilly seeks leave in olanzapine section 8 damages action.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Leave Applications

    As previously reported, the Federal Court of Appeal (FCA) dismissed Teva's appeal on the quantification of damages from infringement of Janssen's patent for levofloxacin (LEVAQUIN).
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Strikes Down "Promise Doctrine", Upholds AstraZeneca's NEXIUM Patent As Useful

    On June 30, the Supreme Court of Canada (SCC) delivered its highly anticipated decision, AstraZeneca v Apotex, 2017 SCC 36 relating to esomeprazole (NEXIUM).
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    The International Comparative Legal Guide To: Copyright 2015, Canada Chapter

    Jill Tonus and Nathan Haldane contributed to the Canada chapter in the first edition of The International Comparative Legal Guide to: Copyright 2015.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    New Court Proceedings - December 2020

    REVLIMID (lenalidomide): Celgene v Taro.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    Ambush Marketing And The Sochi Olympics

    On the eve of the Sochi Olympics, the Olympic Committees, broadcasters, marketers, and their legal teams, have begun to brace for the next round of ambush marketing.
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    Hello? Even Telemarketing Calls To A Business May Be Considered Deceptive

    On February 6, 2017, Mega Byte Information ("Mega Byte") was sentenced by the Court of Québec and fined $450,000 after pleading guilty to operating a deceptive telemarketing scheme...
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    Seller Beware: Supreme Court Changes Test For Assessing Whether Advertising Is Misleading

    In February 2012, in Richard v. Time Inc., 2012 SCC 8 the Supreme Court of Canada (the Court) held that a determination that an ad is misleading is based on the general impression a consumer has after initial contact with the entire ad, and relates to the ad’s layout and words used.
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    Targeted Google Ads Catch Attention Of Federal Privacy Commissioner

    Have you ever visited an online store to look at a jacket only to find that ads for that same jacket follow you from site to site?
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    Damages For Privacy Violations Becoming More Common In Canada

    Canadian courts appear to be signaling greater willingness to award damages for privacy breaches.
    CanadaPrivacy
    Smart & Biggar
    Smart & Biggar
  • Article

    New Private Sector Privacy Legislation For Manitoba

    In September 2013, Manitoba became the most recent province with privacy legislation governing the collection, use and retention of personal information by private sector entities by passing The Personal Information Protection and Identity Theft Prevention Act (PIPITPA).
    CanadaPrivacy
    Smart & Biggar
    Smart & Biggar
  • Article

    Operators Of Popular Online Dating Site, Plenty Of Fish, Agree To Pay $48,000 For Alleged Violations Of Canada's Anti-Spam Law (CASL)

    The Canadian Radio-television and Telecommunications Commission ("CRTC") investigated the online dating site, Plenty of Fish, following complaints from its registered users about commercial emails...
    CanadaPrivacy
    Smart & Biggar
    Smart & Biggar
  • Article

    Protecting Children’s Privacy: U.S. Federal Trade Commission Proposes Changes To Children’s Online Privacy Protection Act Regulations

    In September 2011, the Federal Trade Commission in the U.S. (the FTC) sought public comments on proposed changes to its regulation relating to the Children’s Online Privacy Protection Act (COPPA) Regulations.
    CanadaPrivacy
    Smart & Biggar
    Smart & Biggar
  • Article

    Text "Y" To Confirm Your Subscription! Companies Agree To $100,000 Payment For Alleged CASL Violations

    We now have the first Undertaking involving alleged text message violations of Canada's Anti-Spam Legislation ("affectionately" known as CASL).
    CanadaPrivacy
    Smart & Biggar
    Smart & Biggar
  • Article

    Patent Disclosure Requirements For Therapeutic Antibody Patents

    Therapeutic antibodies have grown to become an important product class within the biopharmaceutical market.
    WorldwideIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Canada's Drug Agency Announces Consultation On Streamlined Review Process And New Reconsideration/resubmission Procedures

    On January 29, 2026, Canada's Drug Agency (CDA) published Improvements to the Drug Reimbursement Review Process, which includes a section for consultation on proposed changes to the reimbursement review process.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    PMPRB Releases May NEWSLetter And Meds Pipeline Monitor

    On May 12, 2026, the Patented Medicine Prices Review Board (PMPRB) released its May NEWSLetter. The NEWSletter provides updates on the implementation of the new Guidelines for PMPRB Staff, the consultation of the proposed Hearing Practice Directions, events in which the PMPRB participated, and new and upcoming NPDUIS research publications.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar

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