• profile Signed, sealed and almost delivered - Canada’s new trademark law is in sight

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FIRM NEWS
LEGAL DEVELOPMENTS
Colour it Mine: Protecting Colour Trademarks in Canada

by: Andrea Kroetch and Sebastian Beck-Watt
Trademark laws in Canada will soon be changing, and among these will be an expanded definition of “trademark”, which will now include the possibility of protecting colour per se as a trademark (as opposed to colour applied to a product having a particular shape). Rights ow

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No Section 8 Liability for Valid and Infringed Patent in NEXIUM Proceeding

by: Kevin P. Siu
What happens when a patentee is unsuccessful in a prohibition application under the Patented Medicines (Notice of Compliance) (PMNOC) Regulations against a generic entrant, but subsequently prevails in an infringement action on the same patent? Can it be liable for section 8 damages under the Reg

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New Use Patent for Janssen’s REMICADE valid and infringed by Hospira’s biosimilar INFLECTRA

by: Katie Lee and Urszula Wojtyra
On March 7, 2018, the Federal Court upheld the validity of Kennedy’s patent for a use of infliximab (Janssen’s REMICADE) (Patent No. 2,261,630 [the “630 patent”]), and granted Kennedy’s counterclaim that Hospira’s biosimilar INFLECTRA infringed the 630 patent: Hospira Healthcare C

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FCA dismisses Lilly’s olanzapine section 8 damages appeal and grants cross-appeal allowing for recovery of pipefill sales and under-reporting of data

by: Andrew Mandlsohn
On March 20, 2018, the Federal Court of Appeal (FCA) issued public reasons for judgment dismissing Eli Lilly Canada Inc. (Lilly)’s appeal of a Federal Court decision awarding more than $70 million to Teva Canada Limited (Teva) under section 8 of the Patented Medicines (Notice of Compliance) (

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Accounting of profits offers significant benefits to patent owners

by Jeremy E. Want and Daniel S. Davies
The Canadian “accounting of profits” remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights. Recent court decisions have highlighted the potential advantages of the accounting

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RANKINGS & RECOGNITION
Smart & Biggar tops the rankings for IP law in 2018 Canadian Legal Lexpert® Directory

Smart & Biggar confirms its position as a leader in IP law across Canada in the most recent edition of the Canadian Legal Lexpert Directory.

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Smart & Biggar dominates Managing Intellectual Property Awards, and wins "Canadian IP Boutique of the Year"

Smart & Biggar is proud to have been honoured with a record-setting five (5) prestigious awards by Managing Intellectual Property (MIP). The firm has long been recognized by MIP as a leader in IP, and this year was the only Canadian firm to be nominated across all categories.

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Smart & Biggar tops Managing Intellectual Property’s Canadian patent rankings for fifth year in a row

Smart & Biggar is pleased to announce that the firm has once again earned the top ranking as a Tier One firm in the areas of patent contentious and patent prosecution in Managing Intellectual Property's 2018 IP Stars Handbook: Patents. This is the fifth consecutive year that Smart & Biggar has been recognized at the hi

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World IP Review recognizes 11 Smart & Biggar partners as 2018 WIPR Leaders

Smart & Biggar announced today that eleven of the firm’s partners have been recognized in the 2018 World IP Review Leaders, a comprehensive guide to the top intellectual property lawyers in the areas of patents and trademarks across the globe.

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Smart & Biggar retains title as Benchmark Canada’s “IP Litigation Firm of the Year”

Smart & Biggar, Canada’s largest law firm practising exclusively in intellectual property and technology, announced today that it has been named the “Canadian IP Litigation Firm of the Year” by Benchmark Canada for the fourth consecutive year. The Benchmark Canada Awards event was held in Toronto on February 22nd to re

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