Patent Actions

No Leave from the Supreme Court for Olanzapine

Eli Lilly Canada Inc. v. Novopharm Limited, leave to appeal to S.C.C. refused, 35067 (May 16, 2013)

The Supreme Court has dismissed Eli Lilly of Canada Inc.’s leave on the issue, as summarized by the Court, as to whether the creation by the Federal Court of Appeal of a new non-statutory test for “utility”, the so-called “Promise Doctrine”, is a matter of public importance. The 3-judge leave panel had asked for oral submissions on the leave application, a rare request, and those submissions were heard on May 13, 2013.

As is usual for the Supreme Court, no reasons for denying leave were provided.

Other Industry News

US Keeps Canada on its IP Watchlist

The US has added Canada to its 2013 Special 301 Report (“IP watchlist”) for Canada’s treatment of patents, while also keeping Canada on the watchlist for copyright concerns.

Pharmaceuticals: the US has “serious concerns” about the lack of a right of appeal in proceedings pursuant to the PM(NOC) Regulations and about the heightened utility requirements for patents that are applied by Canadian courts.

Copyright: the US welcomed the passage of Canada’s Copyright Modernization Act and addressing the issue of digital piracy. The US also noted the passing of the Combating Counterfeit Products Act to strengthen IP enforcement by providing customs officials the power to seize pirated and counterfeit goods at the border.

US Supreme Court Does Not Permit Re-sowing of Patented Genetically Modified Seeds

Bowman v. Monsanto Co. et al., (11-796)

The U.S. Supreme Court upheld the lower court decision that the idea of patent exhaustion did not apply to Monsanto’s soybean seeds. That means that a person has the right to use and resell an invention once purchased, but it does not allow the purchaser to make new copies of the invention.

PMPRB seeking input to CPI Adjustment  Methodology

The Patented Medicines Prices Review Board (PMPRB) is seeking comments on proposed changes to the Consumer Price Index (CPI) Adjustment Methodology and Filing Requirements as part of the Regulatory Burden Reduction Initiative.


Chantal Saunders

Beverley Moore

Adrian J. Howard


Intellectual Property