snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: July 2012

Recent Pair of Rampiril Decisions Clarifies Limits on s. 8 Damages in Patent Law

Posted in Intellectual Property, Patents

When a generic drug claims damages against a brand name drug, what limits should be put on calculating compensation? Section 8 of the Patented Medicines (Notice of Compliance) Regulations was designed to answer just that question, but it left some questions unanswered. A pair of twin judgments by Justice Snider, Teva Canada Ltd. v. Sanofi-Aventis Canada Inc., and Apotex Inc. v. Sanofi-Aventis Canada Inc. released at the end of May 2012, provided insight into some of the issues.

Damages under Section 8

Under section 8 of the Regulations, if a brand name’s patent claim falls through, the brand … Continue Reading

Responding to Canadian Patent Office Objections: Dosing Regimens

Posted in Intellectual Property, Patents

This is part of a series of posts reviewing common Canadian Patent Office objections to patent applications and claimed inventions and providing some insight into how these objections may be addressed.

The Objection

In a typical objection, the patent examiner asserts that the claimed medical treatment with dosing elements is unpatentable subject matter falling outside the definition of “invention” in section 2 of the Patent Act. The examiner may state that:

  • the “inventive concept” identified from the disclosure is a patent-ineligible dosing regimen;
  • the applicant relies on a patent-ineligible dosing regimen to distinguish the claimed treatment from the prior
Continue Reading