USTR slams Canada over the treatment of pharmaceutical patents *

Canada - May 6 2013
On May 1, 2013, the United States Trade Representative (“USTR”) released its annual IP report for 2013. Canada has been placed on the “Watch List"…

Co-authors: Patrick E. Kierans.

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Federal Court of Appeal reverses lower court decision and holds that THALOMID® is not an “innovative drug” *

Canada - February 21 2013
This was an appeal from a decision of the Federal Court granting Celgene Inc.’s (“Celgene”) application for judicial review and quashing a decision…

Co-authors: Adrienne M. Blanchard, Jill Daley.

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Federal Court of Appeal confirms that an enantiomer of a previously approved medicinal ingredient is not an “innovative drug” *

Canada - January 23 2013
This was an appeal from the decision of the Federal Court which had dismissed Takeda’s application for judicial review of the Minister’s refusal to…

Co-authors: Adrienne M. Blanchard, Jill Daley.

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Ontario Information and Privacy Commissioner orders pharmaceutical manufacturers’ aggregate payment data to be released *

Canada - November 7 2012
In a decision dated October 18, 2012, the Information and Privacy Commissioner (IPC) in Ontario released Order PO 3120, relating to a request, under the Ontario Freedom of Information and Protection of Privacy Act (FIPPA), seeking release of the aggregate total of all payments made by individual drug manufacturers under the Ontario Drug Benefits Program for the year 2009, as amounts relating to product reimbursed by the Ontario government.

Co-authors: Adrienne M. Blanchard, Jill Daley.

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Federal Court holds that Apotex is entitled to section 8 damages in respect of omeprazole [losec®] *

Canada - June 8 2012
On May 11, 2012, the Federal Court issued a decision in a case brought by Apotex Inc. (“Apotex”) against AstraZeneca Canada Inc. (“AstraZeneca”) pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”).

Co-authors: Adam Haller.

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