Update – March 22, 2024: Following the Federal Court’s decision to remit this matter back to Health Canada, Health Canada issued its final redetermination. Health Canada maintained its decision that the Edison Jolts were classified as edible cannabis, not cannabis...

CBA IP Day is taking place on May 30th in Ottawa, ON. We are thrilled to announce that Mat Brechtel will be co-chairing the IP Day programming and Scott Foster will be appearing as a speaker. Mark your calendars and join Mat, Scott, and other legal experts for...

In 2023, the Federal Court of Canada released more patent motion decisions than motion decisions in all other IP rights combined: Within the patent proceedings, there was a split between decisions involving pharma and biologic patents (58%) and those involving other...

Congratulations to Patrick Smith, Scott Foster and Mat Brechtel for being recognized as leading practitioners in Intellectual Property in the 2024 Canadian Legal Lexpert Directory. Seastone IP has been ranked as one of Calgary and Vancouver’s Leading Firms in...

In 2023, there were 43 reported Federal Court IP motions. The pie chart below displays the breakdown of the underlying IP rights at issue in the proceedings: Given the number of reported motion decisions and their breadth of scope, in this post, we provide an overview...

The Federal Court has held a patent covering DEXILANT® (dexlansoprazole) for treating heartburn associated with gastroesophageal reflux disease to be invalid and not infringed by Apotex's dexlansoprazole oral dose capsules. She awarded the defendant Apotex 40% of its...

The Federal Court of Appeal confirmed that transfer of a New Drug Submission (NDS) permits the new owner to adopt the Notice of Allegation (NOA) and all accompanying rights that belonged to the previous owner. In 2023, after filing a NDS for YESAFILI® (an aflibercept...

The Federal Court of Appeal clarified the doctrine of implied licence in Pharmascience Inc. v. Janssen Inc., 2024 FCA 10. The proceedings related to Pharmascience’s generic version of paliperidone palmitate (PP), an injectable antipsychotic used for the treatment of...

In Steelhead Lng (Aslng) Ltd v Arc Resources Ltd, 2023 FC 1684, the Federal Court considered the validity of Canadian Patent no. 3,027,085 (the “085 Patent”). At a high level, the subject matter of the 085 Patent relates to floating liquefied natural gas (“FLNG”)...

Part 2: Judicial Review This is our second post analyzing all reported Canadian IP decisions from 2023. Our earlier post summarized appeals from the Trademarks Office to the Court. This post deals with applications for judicial review to the Federal Court and appeals...