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.

according to Bank of Canada Governor Mark Carney.

Not sure what that means, but its a neat turn of phrase, isn't it? ;)

From The Parliament .com

"The two sides concluded the latest FTA talks, the sixth round of discussions, in Brussels last week. The next round of negotiations are due to take place in Canada in April.

Ottawa-based “technology innovation and licensing company” Wi-LAN settles its ED Texas lawsuit against Broadcom.

http://www.wi-lan.com/company/news-and-events/News-Details/2011/broadcom-and-wilan-reach-agreement-to-end-litigations/default.aspx

Big recent news was Target (US) 's aquisition of Zellers, a Canadian chain of discount stores, for $1.8 billion from HBC.

In 2010, Canadian companies were granted 5,223 U.S. patents - up 20% from 2009. The Globe and Mail reports HERE, but also notes:

A note from colleague Victor So, who is both a pharmacist and a lawyer: "FYI - this shortage is real. Every time I step in the pharmacy I see more and more drugs that are out of stock."

There was an interesting article in the Globe and Mail on Saturday about patents in the petroleum sector. The lead:

Intel and NVIDIA have settled their patent-plus litigation, with Intel agreeing to license NVIDIA's patents for $1.5 billion (US). The Intel press release is HERE, and the Globe and Mail's less-than-helpful article is HERE (hey Globe - might you at least tell us what sort of lawsuit they are settling, or the basis for the suit?).

Yesterday, the Court of Appeals of the Federal Circuit (the CAFC if you're casual, Fed. Cir. if you're formal ;) ) released a big decision if you're interested in monetary remedies for patent infringement. Uniloc USA v. Microsoft.

Anyone know any good criminal law associations to join? I've apparently been practicing criminal law for the past few years without knowing it ;)

The Doha Round of trade negotiations at the WTO has been underway since 2001. Every so often one could read about talks "collapsing", deadlines being missed and/or extended, and various commentaries about how awful it was that there was no agreement yet.

An article appeared in the National Post today by John Ivison discussing the Europe/Canada free trade deal talks. The article specifically brings up the pharmaceutical/IP issue as a stumbling block: