snIP/ITs Blog Monthly Review

Obviousness: Clarifying the Inventive Concept
By Steven Tanner on November 28th, 2012

The Federal Court of Appeal’s recent decision in Allergan, Inc. et al v. Apotex Inc. et al is the most significant decision on the question of obviousness to be rendered following the Supreme Court of Canada’s landmark decision in Apotex Inc. v. Sanofi-Synthelabo Canada Inc. The Federal Court of Appeal’s decision is particularly significant for …

Why Innovators Need a Right of Appeal in PM(NOC) Applications
By Steven Tanner on November 26th, 2012

On Friday, November 23, 2012 the Federal Court of Appeal released its decision in A-312-12 dismissing Apotex’s appeal of Justice Hughes’ order dated June 18, 2012 granting Allergan’s application for a prohibition order in respect of the drug COMBIGAN. This decision, and related litigation involving COMBIGAN, clearly demonstrates why innovators need a right of appeal …

Copyright Modernization Act (Mostly) in Force
By Keith Rose on November 23rd, 2012

On November 7, 2012, with the publication of Order in Council P.C. 2012-1392 (the Order) in the Canada Gazette, the long-awaited Copyright Modernization Act, S.C. 2012, c. 20 has mostly been proclaimed into force. This Act was the fourth attempt at a major revision of Canada’s …

Mobile Payments 2012
By James Archer, Charles Morgan and Rish Handa on November 16th, 2012

On October 25, 2012, McCarthy Tétrault’s national Consumer Retail group held a lunchtime client conference on mobile payment systems and digital wallets. For those of you unable to attend, the following are a few of the highlights. But first, a little context for the uninitiated: Near-field communication technology (NFC) allows a user with a mobile phone, equipped with the …

Tanner, How Do I… Download a Canadian Patent?
By Steven Tanner on November 16th, 2012

You want to download a Canadian patent. Is this possible? Yes! And here’s how. There are three good ways to download a Canadian patent. 1. My Preferred Way to Download a Canadian Patent My preferred way …

Supreme Court Invalidates Pfizer’s Blockbuster VIAGRA® Patent
By Sanjaya Mendis on November 9th, 2012

Canada’s top court has struck down Pfizer Inc.’s lucrative patent on VIAGRA, paving the way for generic entry into the Canadian marketplace shortly. In Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60, the Supreme Court of Canada unanimously (7-0) declared Pfizer’s patent for its blockbuster VIAGRA drug invalid on the basis of insufficient …

Mr. Ward’s "Unreasonable" Expectation of Privacy towards Data Held by his ISP
By Chloe Fleurant on November 8th, 2012

Is the anonymity of the Internet user unconditionally protected by the Canadian Charter of Rights and Freedoms’ legal strongbox? In R. v. Ward, 2012 ONCA 660, the Court of Appeal for Ontario determined that it is not always the case and that there are limits to an Internet users’ reasonable expectation of privacy. In this …