Bennett Jones LLP was awarded MIP's 2009 award for Canadian Patent Case of the Year in recognition of the firm's representation of its client, ratiopharm Inc., in a Patented Medicines (Notice of Compliance) Regulations proceeding.
The noteworthy issue decided in the case was the scope of a patent applicant's duty of good faith under section 73 of the Patent Act when responding to a Patent Examiner's requisition. The Federal Court accepted ratiopharm's argument that the duty required that an applicant respond to requisitions by making full and fair disclosure of any material fact which is known by the applicant. The Court upheld ratiopharm's allegation that the asserted patent was invalid for the patentee's failure to comply with that duty. Arthur Renaud was counsel for ratiopharm in the matter.