Nathaniel Lipkus Nathaniel Lipkus

Federal Court clarifies Canadian approach to subject-matter eligibility for computer patents

In a recent decision, the Federal Court has rejected the Commissioner of Patents' “problem-solution” approach to claim construction when...

Canadian court interprets CETA drug patent extensions more broadly than EU equivalent

The Federal Court ruled in its first case to consider the Canadian supplementary protection scheme for patented pharmaceuticals in relation to a...

Competition Bureau reiterates its position against anti-competitive generic drug delay tactic

The Competition Bureau recently issued a press release expressing concern about the denial by one brand company, Otsuka, of samples of its kidney...

Provincial payer quashes attempted drug evergreening strategy

In a recent Alberta Court of Queen’s Bench decision, the Court considered the reasonableness of an approach taken by the Alberta Minister of Health...

CBC lawsuit against CPC raises questions about use of copyrighted media content in partisan election advertisements

The CBC has commenced a court proceeding against the Conservative Party of Canada (“the CPC”) and others alleging that their unauthorized...

Dry eye patent held invalid when viewed through proper lens

The claims of a Canadian patent are the numbered paragraphs at the end that define the scope of the legal exclusivity conferred by the patent. When...

Canada takes major steps toward enhanced biosimilar access

Over the last month, the Canadian Agency for Drugs and Technologies in Health and the Government of British Columbia have taken significant steps to...

When it comes to what you can patent, patent offices don’t always know best

In its decision in Cleveland Clinic, the U.S. Federal Circuit Court of Appeals invalidated an issued patent directed to a medical diagnostic method,...