I don’t want to be a blogger that leaves negative comments unaddressed in the comments section, so I want to bring up two good comments to my post on the Light and Warburton article.

First – actually, I shouldn’t have said anything about 11% being a high cost of capital. I certainly don’t keep track of what a reasonable cost is. It could be 20%, for all I know ;)

Here is a link to a recent paper (pdf) by Donald Light and Rebecca Warburton titled "Demythologizing the high costs of pharmaceutical research", (BioSocieties, February 2011) which systematically critiques the estimates of pharmaceutical-related R&D costs routinely promoted by the research-based pharmaceutical companies. As put by Andre Picard in a recent Globe and Mail article, "Drug R&D costs are less than estimated - so why the high prices?",

One risk of blogging is that I often think of something just after pressing "Publish Post" ;)

There have been stories coming out of Ottawa saying the CETA trade deal is in trouble.

First, there is this from Paul Wells:
http://www2.macleans.ca/2011/02/17/free-trade-with-europe-never-mind/#more-173556

An article by Neil Reynolds in the Globe and Mail discussing Canada's relative performance in terms of patent applications filed. The article questions Canada's performance on a per capita basis:

Hot off the presses - Aidan Butler of Gilbert's, "a raffish man of mystery" is named one off Canada's 30 most eligible bachelors!

Joseph Weiler - who, long time ago, was one of my favourite professors at NYU - has stood trial in France for criminal libel "because, as editor-in-chief of the European Jouranl of International Law (EJIL), he refused to remove a book review from an EJIL-affiliated website that the book's author claimed is defamatory."

The Canadian Intellectual Property Office has released a draft of proposed revisions to Chapter 14 of the Manual of Patent Office Practice (or MOPOP), which deals with Unity of Invention. See

Here's an article from the Globe and Mail about a report by Aidan Hollis (U Calgary) and Paul Grootendorst (U Toronto) released today. The lead of the Globe article:

I am happy to relay the news that Nathaniel Lipkus has been named a partner of Gilbert's LLP! I cannot put it any better than Tim Gilbert in this email:

According to this article in the Globe and Mail

"Shoppers Drug Mart Corp. (SC-T38.771.624.36%) is hailing an Ontario court ruling that will allow it to substitute its own discount brand of prescription drugs for those made by big pharmaceutical companies.

Last week, Steve Verheul, Canada's chief negotiator for CETA, held a teleconference to update civil society on the progress of the CETA talks. The sixth negotiating round was held in Brussels, and some good progress was made on market access, regulatory barriers, government procurement, and some progress was made on dispute settlement and geographic indications (!).

Gilbert's LLP represented Mylan Pharmaceutical ULC in overcoming a dosage regimen patent to become first to market with a generic galantamine ER product (used in the treatment of Alzheimers). On November 10, 2010, the Federal Court found Canadian Patent No. 2,310,950 to be invalid as a method of medical treatment and also made findings of obviousness and a lack of a sound prediction. The Federal Court of Appeal dismissed Janssen Inc.'s appeal for mootness on January 17, 2011. Click to access the Federal Court trial decision and the Federal Court of Appeal dismissal.

Here’s an opinion piece from the National Post “Speed and Drugs”, by Brett Skinner and Mark Rovere of the Fraser Institute.

The 2011 Managing Intellectual Property survey results are out, and Gilbert's LLP has again been listed among the leading Canadian law firms in the "patent contentious" category. Link HERE (but it requires a subscription).

Pfizer is one of several drug companies facing a "patent cliff" as their blockbuster drugs lose exclusivity.

"Pfizer faces an unprecedented challenge in November, when Lipitor loses U.S. marketing exclusivity. Pfizer bought Wyeth last year for US$67-billion to replace vanishing Lipitor revenue, but has failed to sufficiently bolster its drug portfolio.

Guest post by Andrew Moeser:
http://www.theglobeandmail.com/life/health/demise-of-a-death-drug-puts-patients-at-risk/article1885636/

Tell me if you've heard this - supposedly, one of the motivations behind disclosure and utility standards are patents from early in the century from the German chemical industry deliberately written so that, if the methods in the disclosure are followed, the hapless copier would blow herself up! This sort of self-help/IP vigilante-ism is disapproved in polite company ;) But is it true? Christopher Wadlow investigates in the latest issue of the Journal of Intellectual Property Law and Practice.

The International Trade Commission, which can block the importation of items into the United States if they infringe patent rights, has issued a preliminary opinion that RIM and Apple devices do not infringe Kodak patents. See
http://us.generation-nt.com/eastman-kodak-apple-rim-apn-patents-itc-request-news-2700921.html

From Embassy Magazine: the Canada-EU free trade talks are facing delays. The negotiators are met last week, but the process is not meeting the benchmarks as fast as desired.