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Patent Practice

The ‘Myriad’ with the Golden ‘Gene’: Australia Upholds Breast Cancer Gene Patents

The ‘Myriad’ with the Golden ‘Gene’: Australia Upholds Breast Cancer Gene Patents

The Myriad Genetics gene patenting saga has officially shaped international jurisprudence, with the Federal Court of Australia upholding the patents for BRCA1 and BRCA2. In Cancer Voices Australia v. Myriad Genetics, NSD643/2010, Federal Court of Australia (Sydney), the first Australian case to deal with the issue of gene patents, the Court took a similarly liberal […]

The Teva Experience: A Semester in Osgoode's IP Intensive Program

The Teva Experience: A Semester in Osgoode's IP Intensive Program

As part of Osgoode’s Intellectual Property Law Intensive Program, I had the opportunity to spend ten weeks at Teva Canada working with in-house counsel. Teva Canada is one of Canada’s largest generic pharmaceutical companies that also has a brand division focusing on the development of innovative products in several therapeutic areas.

Live and Let Die: Gene Patenting Plot Thickens as the Patent/Trade Secret Line is Blurred

Live and Let Die: Gene Patenting Plot Thickens as the Patent/Trade Secret Line is Blurred

The long battle in the American courts over Myriad Genetics’ patents of BRCA1 and BRCA2, the primary diagnostic genes for hereditary breast and ovarian cancer has been well-documented in the IPilogue (see coverage by Beatrice yesterday as well as previous posts here, here, and here). Now, Myriad is poised to defend their patents at the Supreme Court for a second time, with […]

IP Osgoode Speaker Series Videos

IP Osgoode Speaker Series Videos

IP Osgoode would like to thank The Honourable Justice Marshall Rothstein and The Honourable Mr. Justice Roger T. Hughes for being a part of our speaker series. They both provided thought provoking commentary on intellectual property litigation from a judicial perspective.  For those who were unable to attend our speaker series events in person, analysis […]

Subsequent Entry Biologic Litigation Set to Take Off in Canada

Subsequent Entry Biologic Litigation Set to Take Off in Canada

The Canadian pharmaceutical industry is entering a new era as Subsequent Entry Biologic (SEB) litigation begins to emerge in the Canadian pharmaceutical landscape. Biologic drugs are derived through the metabolic activity of living organisms and tend to be significantly more variable and structurally complex then chemically synthesized drugs.

Avoiding Poison Apples and Tending to Blackberries: Did Canada’s 1989 Shift To First-To-File Nip Small-Time Innovation In the Bud?

Avoiding Poison Apples and Tending to Blackberries: Did Canada’s 1989 Shift To First-To-File Nip Small-Time Innovation In the Bud?

New legal research from the University of Pennsylvania Law School suggests so. The aim of the study, according to Professors David S. Abrams and R. Polk Wagner, is to empirically predict how the recent changes to American patent laws, introduced by section 3 (s3) of the Leahy-Smith America Invents Act (AIA), will affect American innovation after […]

Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy

Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy

Re-examination and invalidity proceedings each play an important role in the patent system, offering different avenues that narrow or invalidate existing patent claims. However, a lack of clarity on how the two provisions co-exist has led to litigation which this editor believes could be avoided through legislative amendments to the American patent regime. Similar issues […]

Is it Too Early for a 5-D Apple?

Is it Too Early for a 5-D Apple?

Apple is closing the gap to making full virtual reality a possibility.  On July 24th 2012, the U.S. Patent and Trademark Office granted the company a patent for its groundbreaking 5 dimensional technology. The Invention will incorporate virtual reality gloves, next generation sensors and touch screens to better immerse a user.

Of Genes, Spleens and Property

Of Genes, Spleens and Property

Imagine a world of great biotechnological promise where the hope of preventative, diagnostic and treatment medicine to illness and disease is more of a reality than ever before. Further, imagine that this world has, in hand, a map of the entire human genome with bits of DNA no longer lying in wait for discovery but […]