Biogen Canada Inc. v. Taro Pharmaceuticals Inc., 2020 FC 621
| Court | Federal Court (Canada) |
| Case Date | May 15, 2020 |
| Jurisdiction | Canada (Federal) |
| Citations | 2020 FC 621 |
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20 practice notes
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Allergan Inc. v. Apotex Inc., 2022 FC 260
...the inventor is presumed to have intended, promoting fairness and predictability” (Biogen Canada Inc v Taro Pharmaceuticals Inc, 2020 FC 621 at para 78 [Biogen]). [227] In my view, there is no need to read in “suitable for” into the construction of the claims. The addit......
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Rovi Guides, Inc. v. BCE Inc., 2022 FC 1388
...Patents, [1998] RPC 31 at 40. As stated by Mr. Justice Michael Manson in Biogen Canada Inc v Taro Pharmaceuticals Inc, 2020 FC 621 at para 170, “the prior art should be approached by a motivated [Skilled Person] with a mind willing to understand, not one myopically focussed on seekin......
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Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189
...relevant to the fourth step in the obviousness analysis: Hospira Health (FCA), above at para 86; Biogen Canada Inc v Taro Pharmaceuticals, 2020 FC 621 at para 153 [Biogen]. [62] Allergan and Sandoz, also disagree on certain other aspects of the CGK of the Skilled Person. The principal disag......
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Janssen Inc. v. Pharmascience Inc., 2022 FC 1218
...Co., 2013 FC 985 [Novartis] at paragraph 78, aff’d 2014 FCA at paragraph 3; Biogen Canada Inc. v. Taro Pharmaceutical Inc., 2020 FC 621 [Biogen] at paragraph 22). As stated above, claims 1 to 16, and 33 to 63 are “product” claims (Teva Paliperidone at paragraphs 145 to ......
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11 cases
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...in view of these concerns or whether it should be dealt with as a matter of weight. [37] In Biogen Canada Inc v Taro Pharmaceuticals Inc, 2020 FC 621; aff’d on appeal 2022 FCA 143, Justice Manson considered the issue of impartiality in the context of a patent infringement action. In ......
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Allergan Inc. v. Apotex Inc., 2022 FC 260
...the inventor is presumed to have intended, promoting fairness and predictability” (Biogen Canada Inc v Taro Pharmaceuticals Inc, 2020 FC 621 at para 78 [Biogen]). [227] In my view, there is no need to read in “suitable for” into the construction of the claims. The addit......
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Rovi Guides, Inc. v. BCE Inc., 2022 FC 1388
...Patents, [1998] RPC 31 at 40. As stated by Mr. Justice Michael Manson in Biogen Canada Inc v Taro Pharmaceuticals Inc, 2020 FC 621 at para 170, “the prior art should be approached by a motivated [Skilled Person] with a mind willing to understand, not one myopically focussed on seekin......
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Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189
...relevant to the fourth step in the obviousness analysis: Hospira Health (FCA), above at para 86; Biogen Canada Inc v Taro Pharmaceuticals, 2020 FC 621 at para 153 [Biogen]. [62] Allergan and Sandoz, also disagree on certain other aspects of the CGK of the Skilled Person. The principal disag......
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12 firm's commentaries
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IP Litigation 2020 Year In Review
...v. Mylan Pharmaceuticals ULC, 2020 FC 816 at para. 128. 29. Biogen Canada Inc et al v. Taro Pharmaceuticals Inc; Pharmascience Inc., 2020 FC 621 (Justice 30. Biogen Canada Inc et al v. Taro Pharmaceuticals Inc; Pharmascience Inc., 2020 FC 621 at para. 211. 31. Janssen Inc. et al v. Apot......
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Effectively Using Experts In IP Litigation ' Part 2: Practise
...advocacy, and unreasonable positions taken by [the expert witnesses], the Court gives limited weight to their expert opinion evidence" (2020 FC 621 at para Counsel who carefully selects an expert, provides appropriate guidance in drafting an expert report, and thoroughly prepares the expert......
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Federal Court dismisses Biogen’s actions under PMNOC Regulations against Taro and Pharmascience re: FAMPYRA
...Regulations (PMNOC Regulations) alleging infringement of Patent No. 2,562,277 (277 Patent): Biogen Canada Inc v Taro Pharmaceuticals Inc, 2020 FC 621. Defendants Taro and Pharmascience denied infringement and alleged invalidity on the grounds of anticipation, obviousness and lack of patenta......
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Federal Court Dismisses Biogen's Actions Under PMNOC Regulations Against Taro And Pharmascience Re: FAMPYRA
...Regulations (PMNOC Regulations) alleging infringement of Patent No. 2,562,277 (277 Patent): Biogen Canada Inc v Taro Pharmaceuticals Inc, 2020 FC 621. Defendants Taro and Pharmascience denied infringement and alleged invalidity on the grounds of anticipation, obviousness and lack of patenta......
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