Norman Siebrasse cited by the Federal Court and Federal Court of Appeal
Author: Ed Bowes
Posted on Mar 9, 2021
Category: Faculty
Professor Norman Siebrasse was recently cited in several judicial decisions at both the Federal Court and Federal Court of Appeal.
In Apotex Inc v Janssen Inc 2021 FCA 45 the Federal Court of Appeal cited Professor Siebrasse’s work on the utility requirement in patent law, noting his observation that there is no sharp distinction between demonstrated utility and utility based on sound prediction.
In Bristol-Myers Squibb Canada Co v Pharmascience Inc 2021 FC 1, the Federal Court cited a post from Professor Siebrasse’s Sufficient Description blog that criticized the ongoing use of the IG Farbenindustrie test for selection patents.
In Rovi Guides, Inc v Videotron Ltd 2021 FC 19, the Federal Court cited a post from Professor Siebrasse’s Sufficient Description blog that argued that the Court of Appeal decision in Nova v Dow was a radical departure from established law.