Decision Invalidating Patent as Method of Medical Treatment Upheld
Novartis Pharmaceuticals Canada Inc. v. Cobalt Pharmaceuticals Company, 2014 FCA 17
Drug: zoledronic acid

As we summarized earlier, the Court held that the patent fell within the skill of a medical practitioner for claiming treatment using various dosage ranges and intermittent timing.

The Court of Appeal was unwilling to conclude in the face of Tennessee Eastman that a method of medical treatment is patentable subject matter, or that the trial judge misconstrued the patent.

Five IP Treaties Tabled in the House of Commons

The Parliamentary Secretary to the Minister of Foreign Affairs has tabled five IP treaties in the House of Commons:

  • the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid”),
  • the Singapore Treaty on the Law of Trademarks (“Singapore”),
  • the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice”),
  • the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague”),  and
  • the Patent Law Treaty (“PLT”).

Supreme Court News

The Supreme Court has granted Apotex leave to appeal the decision in Sanofi-Aventis v. Apotex, 2013 FCA 186. The case relates to the drug clopidogrel. Our summary of the FCA’s decision can be found here.


Chantal Saunders

Adrian J. Howard

Beverley Moore


Intellectual Property
Intellectual Property Litigation