Biogen Canada Inc. v. Pharmascience Inc., 2022 FCA 143
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 08 August 2022 |
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11 practice notes
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...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 that case, cross-examination reveal......
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...that the Federal Court is entitled to deference in its appreciation of the evidence: see e.g., Biogen Canada Inc. v. Pharmascience Inc., 2022 FCA 143, 196 C.P.R. (4th) 120 at para. 38; Viiv Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 56; E......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...of whether an invention is obvious to a Skilled Person is based on a multifactorial balancing [see Biogen Canada Inc v Pharmascience Inc, 2022 FCA 143 at para 143]. [148] With respect to stage 1 of the test, the qualities and capabilities of the Skilled Person for the purpose of assessing o......
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NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
...277 application. [237] Biogen FC was appealed to the Federal Court of Appeal on an unrelated issue: Biogen Canada Inc v Pharmascience Inc, 2022 FCA 143 [Biogen FCA]. The Federal Court of Appeal did not comment on double patenting nor did they engage with forced divisional patents. [238] Bio......
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5 cases
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...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 that case, cross-examination reveal......
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...that the Federal Court is entitled to deference in its appreciation of the evidence: see e.g., Biogen Canada Inc. v. Pharmascience Inc., 2022 FCA 143, 196 C.P.R. (4th) 120 at para. 38; Viiv Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 56; E......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...of whether an invention is obvious to a Skilled Person is based on a multifactorial balancing [see Biogen Canada Inc v Pharmascience Inc, 2022 FCA 143 at para 143]. [148] With respect to stage 1 of the test, the qualities and capabilities of the Skilled Person for the purpose of assessing o......
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NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
...277 application. [237] Biogen FC was appealed to the Federal Court of Appeal on an unrelated issue: Biogen Canada Inc v Pharmascience Inc, 2022 FCA 143 [Biogen FCA]. The Federal Court of Appeal did not comment on double patenting nor did they engage with forced divisional patents. [238] Bio......
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6 firm's commentaries
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Canadian Patent Law 2022: A Year In Review
...a claim feature appears to have an unambiguous meaning based on the plain language of the claim. In Biogen Canada Inc v Pharmascience Inc, 2022 FCA 143, the Federal Court of Appeal confirmed that the claims are to be construed having regard to the description irrespective of whether they os......
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Canadian Patent Law 2023: A Year In Review
...particular meaning, claims containing the defined term are to be construed accordingly (see, e.g., Biogen Canada Inc v Pharmascience Inc, 2022 FCA 143; and Google LLC v Sonos, Inc, 2022 FC 1116). Although courts often rely on expert opinions to construe undefined technical terms that are pa......
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Direction From The Court On The Role Of Expert Witnesses In Patent Cases
...EPM is part of a chain of judicial decisions, including Moore v. Getahun (2015 ONCA 55) and Biogen Canada Inc. v. Pharmascience Inc. (2022 FCA 143), that addresses the collaboration between counsel and expert The following key guidance stems from working with expert witnesses in patent disp......
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Key Canadian Patent Law Decisions From 2022 And Some Predictions For 2023
...should help clarify these two different validity challenges going forward. CLAIMS CONSTRUCTION - BIOGEN CANADA INC. V. PHARMASCIENCE INC., 2022 FCA 143 The Federal Court of Appeal clarified that a patent's disclosure should always be reviewed when construing the claims of a patent - not jus......
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