Ciba Specialty Chemicals Water Treatments Limited’s v. SNF Inc., 2017 FCA 225
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 17 November 2017 |
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66 practice notes
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Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, [2017] 1 S.C.R. 943 ; Ciba Specialty Chemicals Water Treatments Limited v. SNF Inc., 2017 FCA 225, 152 C.P.R. (4th) 239 ; Pollard Banknote Limited v. BABN Technologies Corp., 2016 FC 883 , 141 C.P.R. (4th) 329; Teva Canada Ltd. v. P&#x......
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...the Court of Appeal’s latest formulation of the obviousness analysis found in Ciba Specialty Chemicals Water Treatments Limited v SNF Inc, 2017 FCA 225. (a) POSITA and Common General [208] The Court’s conclusions on the POSITA and the common general knowledge have been described above. (b) ......
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...the POSITA to bridge the gap between the prior art and the inventive concept (Ciba Specialty Chemicals Water Treatments Limited v SNF Inc, 2017 FCA 225 [Ciba], para 60, citing Wenzel FCA at para 87; Aux Sable Liquid Products LP v JL Energy Transportation Inc., 2019 FC 581, para 157). [364] ......
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...art is entirely in the hands of the party alleging obviousness (Ciba Specialty Chemicals Water Treatments Limited’s v SNF Inc, 2017 FCA 225 at para 60). It is quite another story for an expert to do little or no independent research and accept, verbatim, large portions of a NOA prepa......
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43 cases
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Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, [2017] 1 S.C.R. 943 ; Ciba Specialty Chemicals Water Treatments Limited v. SNF Inc., 2017 FCA 225, 152 C.P.R. (4th) 239 ; Pollard Banknote Limited v. BABN Technologies Corp., 2016 FC 883 , 141 C.P.R. (4th) 329; Teva Canada Ltd. v. P&#x......
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...the Court of Appeal’s latest formulation of the obviousness analysis found in Ciba Specialty Chemicals Water Treatments Limited v SNF Inc, 2017 FCA 225. (a) POSITA and Common General [208] The Court’s conclusions on the POSITA and the common general knowledge have been described above. (b) ......
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...the POSITA to bridge the gap between the prior art and the inventive concept (Ciba Specialty Chemicals Water Treatments Limited v SNF Inc, 2017 FCA 225 [Ciba], para 60, citing Wenzel FCA at para 87; Aux Sable Liquid Products LP v JL Energy Transportation Inc., 2019 FC 581, para 157). [364] ......
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...art is entirely in the hands of the party alleging obviousness (Ciba Specialty Chemicals Water Treatments Limited’s v SNF Inc, 2017 FCA 225 at para 60). It is quite another story for an expert to do little or no independent research and accept, verbatim, large portions of a NOA prepa......
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24 firm's commentaries
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The Best Of The Decade Canadian Patent Law In The 2010s
...The Federal Court of Appeal commented further on the inventive concept in Ciba Specialty Chemicals Water Treatments Limited v SNF Inc, 2017 FCA 225, where it noted that the uncertainty with respect to how to define the inventive concept "can be reduced by simply avoiding the inventive conce......
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The Best of the Decade – Canadian Patent Law in the 2010s
...The Federal Court of Appeal commented further on the inventive concept in Ciba Specialty Chemicals Water Treatments Limited v SNF Inc, 2017 FCA 225, where it noted that the uncertainty with respect to how to define the inventive concept “can be reduced by simply avoiding the inventive conce......
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Shire's Vyvanse Patent Valid And Infringed Federal Court Raises Key Patent Law Issues
...Apotex argued that the Federal Court of Appeal's recent decision Ciba Specialty Chemicals Water Treatments Limited v. SNF Inc., 2017 FCA 225 ("SNF FCA", our commentary here), held that the inventive concept of the claims was no longer relevant to obviousness, and that the claim construction......
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There And Back Again: Frac Shack Once Again Victorious In Patent Infringement Case
...Interestingly, AFD argued that an earlier Federal Court of Appeal case, Ciba Specialty Chemicals Water Treatments Limited v. SNF Inc., 2017 FCA 225, had changed the law of obviousness pronounced by the Supreme Court of Canada. AFD also argued that it was entitled to determine the state of t......
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