It’s not often that we get four(!) appellate decisions on one specific legal doctrine in less than a year. But here we are with four decisions from the Federal Court of Appeal on inducement of infringement: In all four cases, the patentee was successful in arguing that the defendant indirectly infringed by inducement. This is
Canada (Attorney General) v Benjamin Moore & Co, 2023 FCA 168, was a much-awaited decision of the Federal Court of Appeal that was supposed to address the long-standing détente between the Canadian patent office and the bulk of the patent prosecution bar regarding the eligibility of computer-implemented inventions. Spoiler alert: it did not. There is
Apotex Inc v Eli Lilly Canada Inc (Olanzapine), 2022 ONCA 587, leave to appeal ref’d 2023 CanLII 33987 (SCC) In a decision that did not attract much fanfare, the Supreme Court of Canada recently dismissed Apotex’s leave to appeal its long-running Statute of Monopolies claim against Eli Lilly. The Court’s refusal to grant leave means