Intellectual Property Intellectual Property

Making the best of a bad year: Winning IP cases in 2020

May Cheng and Sydney Young highlight their list of the key decisions in Canada in 2020 for each of the three main areas of IP law.

2020: A year of clarity for Canadian life sciences and software patents

Two industries in which patents play an undeniable strategic role are life sciences and software. Canada has historically been a strategic...

Canadian patent office issues guidance on computer-implemented and medical inventions following Choueifaty decision

The Canadian Intellectual Property Office (CIPO) has issued new guidance explaining how CIPO intends to apply the decision in Yves Choueifaty v...

Federal Court invalidates tadalafil dosage patent finding dose selection to be routine

The Federal Court has issued its decision in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, invalidating Eli Lilly’s patent,...

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...

United Kingdom’s highest court provides guidance on how to disclose inventions over large classes of products

In a recent landmark case, the United Kingdom’s highest court held that patents claiming a wide range of products must disclose how to make...

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...

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...

Supreme Court Majority alters framework for judicial reviews and statutory appeals

On December 19, 2019, the SCC issued its decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov and Bell Canada v. Canada (Attorney...