Medexus Pharmaceuticals Inc. v. Accord Healthcare Inc.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2024 FC 424 |
| Date | 26 March 2024 |
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3 practice notes
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Canadian Patent Law: 2024 In Review
...on the invention made or contemplated by the inventor. Federal Court finds obviousness a full defense to infringement In Medexus v Accord, 2024 FC 424 the Federal Court dismissed Medexus and medac's patent infringement claim after finding the asserted claims to be obvious. The patent at iss......
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Canadian Patent Law 2024: A Year In Review
...Court has regularly held that "about" is not indefinite, doing so again in 2024 in Medexus Pharmaceuticals Inc v Accord Healthcare Inc, 2024 FC 424. Indeed, including the term "about" may prove In Boehringer Ingelheim (Canada) Ltd v Jamp Pharma Corporation, 2024 FC 1198, one of the issues c......
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Avoiding The Hindsight Trap In The Context Of A Patent Obviousness Analysis
...Oy, 8 C.P.R. (3d) 289 (FCA, 1986) at page 295 (Hugessen J.A.) more recently cited in Medexus Pharmaceuticals Inc v Accord Healthcare Inc, 2024 FC 424 at para 153 (Pallotta 4. Molo Design Ltd v Chanel Canada ULC, 2024 FC 1260 at para 300 (McHaffie J.) 5. See most recently Takeda Canada Inc v......
3 firm's commentaries
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Canadian Patent Law: 2024 In Review
...on the invention made or contemplated by the inventor. Federal Court finds obviousness a full defense to infringement In Medexus v Accord, 2024 FC 424 the Federal Court dismissed Medexus and medac's patent infringement claim after finding the asserted claims to be obvious. The patent at iss......
-
Canadian Patent Law 2024: A Year In Review
...Court has regularly held that "about" is not indefinite, doing so again in 2024 in Medexus Pharmaceuticals Inc v Accord Healthcare Inc, 2024 FC 424. Indeed, including the term "about" may prove In Boehringer Ingelheim (Canada) Ltd v Jamp Pharma Corporation, 2024 FC 1198, one of the issues c......
-
Avoiding The Hindsight Trap In The Context Of A Patent Obviousness Analysis
...Oy, 8 C.P.R. (3d) 289 (FCA, 1986) at page 295 (Hugessen J.A.) more recently cited in Medexus Pharmaceuticals Inc v Accord Healthcare Inc, 2024 FC 424 at para 153 (Pallotta 4. Molo Design Ltd v Chanel Canada ULC, 2024 FC 1260 at para 300 (McHaffie J.) 5. See most recently Takeda Canada Inc v......