Posts Tagged ‘Patents’

Clarifying what the TPP IP provisions mean in Canada for the Innovative Life Sciences Sector

April 20th, 2016

This is a guest blog post by Declan Hamill, Chief of Staff and Vice President, Legal Affairs, Innovative Medicines Canada.

Innovative Medicines Canada is the association of leading innovative pharmaceutical companies dedicated to improving the health of Canadians through the discovery and development of new medicines and vaccines. Our community represents the men and women working for more than 50 member companies which invest more than $1 billion in research and development (R&D) each year to fuel Canada’s knowledge-based economy, contributing over $3 billion to the Canadian economy.

Merck awarded blockbuster damages for Apotex’s patent infringement

July 17th, 2013

In December 2010, the pharmaceutical giant Merck won a major patent case against the generic pharmaceutical maker Apotox. In  Merck & Co v Apotex Inc, 2010 FC 1265, 91 CPR (4th) aff’d 2011 FCA 363, 102 CPR (4th) 321, Justice Snider found Merck’s ‘380 patent for the drug  lovastatin, a statin sold in Canada under the trade name MEVACOR, was valid and had been infringed. In a decision made public yesterday after a trial to determine damages, Merck & Co v Apotex Inc 2013 FC 751, Justice Snider ordered Apotex to pay Merck more than $180 million dollars in damages and interest.

Viagra patent declared invalid by Supreme Court of Canada

November 8th, 2012

In an important case released today, Teva Canada Ltd. v. Pfizer Canada Inc. 2012 SCC 60, the Supreme Court of Canada ruled that Pfizer’s patent for its popular drug Viagra used for treating erectile dysfunction  was void for not meeting the disclosure requirements in s. 27(3) of the Patent Act.

To satisfy the disclosure requirements, the inventor must disclose his/her invention and describe how it works in the specification. In addition, the inventor must disclose in the specification  how “to make the same successful use of the invention as the inventor could at the time of his application”. These disclosure obligations are the quid pro quo for obtaining the monopoly right to make, use and sell the invention for the term of the patent.

Social media, intellectual property and the workplace, is there a gap in the law?

April 25th, 2012

I gave a speech earlier today at the Law Society Special Lectures on Employment Law and the New Workplace in the Social Media Age. My talk was entitled,  “Is There a Gap in Intellectual Property Law?”  My slides are shown below.

Developments in Computer, Internet and E-Commerce Law (2010-2011)

June 15th, 2011

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v. TransUnion of Canada Inc., 2010 FC 1284

McCarthy Tétrault Co-Counsel: Technology Law Quarterly

November 13th, 2009
Table of Contents
Internet/E-World ………………………………………………………………………. 1
E-COMMERCE …………………………………………………………………………………. 1
BC: Appeal Court Finds No Defamation Liability for Hyperlinking …………………………………..1
US: Linden Lab Aims to Make (Second) Life Easier for IP Owners……………………………………1
SPAM………………………………………………………………………………………….. 3
Canada: Industry Committee Amends Anti-Spam Bill ………………………………………………..3
Technology M&A……………………………………………………………………….. 6
TECH-RELATED M&A …………………………………………………………………………. 6
Canada: GPLv3 and Tech M&A………………………………………………………………………..6
Technology Contracting……………………………………………………………….. 8
TECHNOLOGY AGREEMENTS …………………………………………………………………. 8
Canada: New Protection for Licensees of IP — BIA and CCAA Amendments Come into Force ……..8
Canada: Harmonized Sales Tax — Timing Your Tech Purchases…………………………………… 10
OUTSOURCING ………………………………………………………………………………. 11
Ontario: Ontario Government Issues New Guidelines for Consulting Contracts ………………….. 11
Canada: Responding to RFPs — Tips for Suppliers …………………………………………………. 12
Canada: Value Drivers for IT Outsourcing Deals In An Economic Downturn — Part II …………….. 15
Canada: Immigration 101 for IT Companies Bringing Temporary Foreign Workers to Canada……. 18
Intellectual Property ………………………………………………………………….20
COPYRIGHT………………………………………………………………………………….. 20
US: US Court Rejects File-Sharer’s Fair Use Defence ……………………………………………… 20
Canada: Canadian Government Completes Consultations with Canadians on Copyright Reform … 21
UK: UK Government Issues Final Digital Britain Report……………………………………………. 22
Europe: French Graduated Response Law Passes Constitutional Hurdle………………………….. 24

Recent issue posted @ http://mccarthy.ca/pubs/TLQ_Vol5_Issue3_E_online.pdf. Covers recent developments in Internet, e-commerce, tech M&A, tech contracting,  IP, privacy and communications.

Developments in Computer, Internet and E-Commerce Law (2008-2009)

May 19th, 2009

Presentation given at the Toronto Computer Lawyers’ Group and IT & E-Commerce Section of Ontario Bar Association, on May 19, 2009 in Toronto.

http://www.mccarthy.ca/pubs/TCLG_May_2009_from_2009_Supplement_.pdf

Toronto Computers Lawyers Group (2006-2007)

June 26th, 2007

Toronto Computers Lawyers Group Year in Review (2005-2006)

June 9th, 2005