Canada’s Intellectual Property Firm

Supreme Court of Canada leave applications – January 2021

Authored byUrszula Wojtyra

Supreme Court denies leave in infliximab patent infringement action

On January 8, 2021, the Supreme Court of Canada denied leave to Janssen and Kennedy Trust (Docket No. 39099) with respect to the Federal Court of Appeal’s decision remitting to the trial judge the reconsideration of issues of obviousness and anticipation (as previously reported).

Amgen seeks leave to appeal decision invalidating its filgrastim patent

As previously reported, the Federal Court of Appeal had dismissed Amgen’s appeal from a decision invalidating claims of a patent relating to filgrastim (Amgen’s NEUPOGEN and Pfizer’s biosimilar product NIVESTYM). On January 4, 2021, Amgen applied to the Supreme Court of Canada for leave to appeal (Docket No. 39530).

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.