On the day of implementation of landmark changes to trademark law… let’s talk about patent law! Recent cases have considered a number of interesting issues: overbreadth, scope for prior art for an obviousness analysis, ‘inventive concept’ v. claim construction, and application of the ‘obvious to try’ test. Additionally, we are nearing the two-year anniversary of amendments to the Patent Act and the Patented Medicines (Notice of Compliance) Regulations to replace the summary judgment proceedings under the Regulations with full actions. Urszula Wojtyra will provide an update on recent developments in patent law, and an update on what’s been going on in actions under the amended Regulations.
Urszula Wojtyra is a partner in the Toronto office of Smart & Biggar, where she represents innovators and pharmaceutical companies in patent litigation and regulatory matters. She regularly represents clients in patent infringement and validity actions, including under the Patented Medicines (Notice of Compliance) Regulations. Urszula was a member of the team that successfully represented AstraZeneca in the LOSEC/omeprazole patent litigation and the NEXIUM/esomeprazole patent litigation. Urszula is an alumnus of University of Toronto, graduating from the Faculty of Law, and the Faculty of Science where she completed her MSc in biochemistry.