Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Judge | Furlanetto |
| Citation | 2024 FC 1198 |
| Docket Number | T-1563-22 |
| Date | 08 August 2024 |
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4 practice notes
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Alexion Pharmaceuticals, Inc. v. Amgen Canada Inc.
...General Tire & Rubber Co v Firestone Tyre & Rubber Co, [1972] RPC 457 at 486; Takeda at para 152; Boehringer Ingelheim v JAMP, 2024 FC 1198 at para [62] As noted in Takeda at paragraph 153, disclosure may be made without any recognition of what is present or what is happening: see A......
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Adeia Guides Inc. v. Videotron Ltd.
...only the claims of the earlier patent and the CGK may be considered; any other prior art must be disregarded (Boehringer v JAMP, 2024 FC 1198 at paras 163, 168; Mylan v Eli Lilly, 2016 FCA 119 at para D. Infringement [50] A patented invention is used if “the defendant’s activity deprived th......
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AGI Suretrack, LLC v. Farmers Edge Inc.
...to consider whether any of the elements were essential or nonessential” (Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2024 FC 1198, at para. 105 [Boehringer]). Furlanetto J. noted this lack of expert evidence, and the patentee’s inconsistent position on essentiality, in he......
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Double Patenting In Canada: 5 Pitfalls And How To Avoid Them
...5. E.g. Apotex Inc. v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61 6. E.g. Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2024 FC 1198 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your speci......
3 cases
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Alexion Pharmaceuticals, Inc. v. Amgen Canada Inc.
...General Tire & Rubber Co v Firestone Tyre & Rubber Co, [1972] RPC 457 at 486; Takeda at para 152; Boehringer Ingelheim v JAMP, 2024 FC 1198 at para [62] As noted in Takeda at paragraph 153, disclosure may be made without any recognition of what is present or what is happening: see A......
-
Adeia Guides Inc. v. Videotron Ltd.
...only the claims of the earlier patent and the CGK may be considered; any other prior art must be disregarded (Boehringer v JAMP, 2024 FC 1198 at paras 163, 168; Mylan v Eli Lilly, 2016 FCA 119 at para D. Infringement [50] A patented invention is used if “the defendant’s activity deprived th......
-
AGI Suretrack, LLC v. Farmers Edge Inc.
...to consider whether any of the elements were essential or nonessential” (Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2024 FC 1198, at para. 105 [Boehringer]). Furlanetto J. noted this lack of expert evidence, and the patentee’s inconsistent position on essentiality, in he......
1 firm's commentaries
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Double Patenting In Canada: 5 Pitfalls And How To Avoid Them
...5. E.g. Apotex Inc. v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61 6. E.g. Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2024 FC 1198 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your speci......
