July 18, 2017
What does “useful”, one of the basic requirements for the patentability of an invention, mean in Canadian patent law? On June 30, 2017, in AstraZeneca Canada Inc. v. Apotex Inc. (AstraZeneca), the Supreme Court of Canada (SCC) ruled that the threshold for utility is low — a mere scintilla will do. In fact, requiring anything more is not only overly…
April 10, 2017
The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. This article discusses key pharmaceutical class actions from 2016.
April 4, 2017
As part of our series on current trends across different industries, we explore changes taking place in the life sciences field — many of which are impacting the industry’s commercial practices.
March 8, 2017
The Superior Court of Québec (Court), presided by Justice M. Monast, recently ruled on an important point of contention for franchise pharmacies, by confirming the validity of a percentage royalty clause contained in a contract between a pharmacist-owner and his franchisor. The decision confirms the validity of the business model recommended by a number of franchisors, for both pharmacists and…
December 14, 2016
Find out what Michael Hyatt, tech entrepreneur and CBC business commentator, believes will be the technology trends for 2017 and beyond in this video.
October 27, 2016
The Supreme Court of Canada has commented on the issue but no Canadian court has directly answered the difficult question of whether genes are patentable. So the answer appears to be yes, for now. Identifying genetic sequences associated with diseases and creating tests to screen for them are unquestionably valuable scientific innovations. Due to the challenge and expense of pinpointing…
September 20, 2016
Blakes hosted a special half-day program focusing on the life sciences industry. The program included updates on legal developments and trends as well as strategies to identify and minimize common risks. Topics included regulation of biosimilars, environmental law, responding to freedom of information requests, challenging the regulators, procurement, preventing cybersecurity breaches, and commercial issues — all with a focus on…
January 6, 2016
Blakes hosted a special full-day program focused on the life sciences industry. Videos on a variety of topics discussed at the seminar are now available. Many industries have jumped on the social media bandwagon, but pharmaceutical companies seem to be lagging behind. Alice Tseng, a Partner in the Intellectual Property group at Blake, Cassels & Graydon LLP, attributes their hesitation mainly…
December 16, 2015
The British Columbia Court of Appeal (BCCA), in Low v. Pfizer Canada Inc., has held that Canada’s Patent Act provides a complete code that forecloses civil actions by consumers centred on breaches of the statute. BACKGROUND The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging…
October 28, 2015
Blakes hosted a special full-day program focused on the life sciences industry. The program will included updates on legal developments and trends as well as strategies to identify and minimize common risks. Topics included privacy, cybersecurity, personalized medicine, litigation risk management, Bill C-17and transparency measures, competition issues in IP, procurement, anti-corruption and integrity, patient group relationships and social media, all…