Thursday, July 25, 2013

Canadian Supreme Court Patent Decisions

Patent law is meant to promote technological innovation.  This should be as true for Canada as it is for other countries.  Yet, it is a challenge to locate a list of Supreme Court of Canada patent law decisions outside of the Hughes & Woodley on Patents treatise.  So, here is a list:
Term of Chief Justice Beverly McLachlin
Teva Canada Ltd. v. Pfizer Canada Inc. (November 8, 2012) (Disclosure)
Apotex Inc. v. Sanofi‑Synthelabo Canada Inc. (November 6, 2008) (Novelty, nonobviousness, double-patenting)
Monsanto Canada Inc. v. Schmeiser (May 21, 2004) (Patentable subject matter)
Apotex Inc. v. Wellcome Foundation Ltd. (December 5, 2002) (Utility, claiming, inventorship)
Harvard College v. Canada (Commissioner of Patents) (December 5, 2002) (Patentable subject matter)
Free World Trust v. Électro Santé Inc. (December 15, 2000) (Claim construction)
Whirlpool Corp. v. Camco Inc. (December 15, 2000) (Claim construction, double-patenting)
Eli Lilly & Co. v. Novopharm Ltd. (July 9, 1998) (Utility, sufficiency)
It will become more complete in the fullness of time.