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Canada: Federal Court prohibits the approval of generic Anastrozole ARIMIDEX
- Norton Rose Canada LLP
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- Canada
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- September 12 2011
On August 29, 2011 the Federal Court allowed an application by AstraZeneca Canada Inc. and AstraZeneca UK Limited (collectively “AstraZeneca”) pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations, for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Mylan Pharmaceuticals ULC (“Mylan”) in respect of its generic version of the drug anastrozole until after the expiry of Canadian Patent No. 1,337,420 (the “’420 Patent”
Canada: Health Canada proposes revisions to the PM(NOC) guidance document
- Norton Rose Canada LLP
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- USA
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- August 19 2011
On August 17, 2011, the Office of Patented Medicines and Liaison released proposed revisions to Health Canada’s Guidance Document: Patented Medicines (Notice of Compliance) Regulations (“Guidance Document”
Federal court prohibits the approval of a generic prodrug CELLCEPT (mycophenolate mofetil)
- Norton Rose Canada LLP
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- Canada
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- July 26 2011
On July 13, 2011, the Federal Court allowed an application by Hoffman La-Roche Limited (“Roche”), pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations, for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex Inc. (“Apotex”) in respect of its generic version of the drug mycophenolate mofetil (“MMF”) until after the expiry of Canadian Patent No. 1,333,285 (the “285 Patent”
Court of Appeal holds that “lack of good faith” is not a basis to invalidate an issued patent. Recent jurisprudence in pharmaceutical cases is not to be followed.
- Norton Rose Canada LLP
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- Canada
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- July 20 2011
On July 18, 2011, the Federal Court of Appeal (“Court of Appeal”) dismissed an appeal by Corlac Inc. et al (“Corlac”) from a Trial Judgment declaring Canadian Patent No. 2,095,937 (“937 Patent”) to be valid and infringed
Federal Court of Appeal refuses to set aside prohibition order following a successful impeachment action
- Norton Rose Canada LLP
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- Canada
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- July 18 2011
In July 2009, Ratiopharm Inc. (Ratiopharm) impeached Canadian Patent No. 1,321,393 (393 Patent) pertaining to the Pfizer Canada Inc. (Pfizer) drug NORVASC. Ratiopharm subsequently brought a motion to set aside an earlier prohibition order
Federal Court of Appeal confirms trial judgment of patent invalidity Strattera (Atomoxetine)
- Norton Rose Canada LLP
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- Canada
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- July 18 2011
On July 5, 2011, the Federal Court of Appeal (“Court of Appeal”) dismissed Eli Lilly and Company’s (“Lilly”) appeal from a Trial Judgment declaring Canadian Patent No. 2,209,735 (“’735 Patent”) to be invalid pursuant to Section 60(1) of the Patent Act, R.S.C. 1985, c. P 4 (“Patent Act”
Validity of data protection regulations confirmed: Supreme Court of Canada dismisses application for leave to appeal by generic manufacturers
- Norton Rose Canada LLP
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- Canada
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- July 15 2011
On July 14, 2011, the Supreme Court of Canada dismissed two related applications for leave to appeal submitted by Apotex Inc. (Apotex) and the Canadian Generic Pharmaceutical Association (CGPA
Federal Court sets aside decision of the PMPRB that lacks “transparency, intelligibility and justification” QUADRACEL and PENTACEL
- Norton Rose Canada LLP
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- Canada
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- July 14 2011
On July 12, 2011 Gauthier J. of the Federal Court (the “Court”) allowed the judicial review application of Sanofi Pasteur Limited (“Sanofi”) and quashed the March 16, 2010 Order of the Patented Medicine Prices Review Board (the “Board”
Federal Court dismisses motion for interim and interlocutory injunction NEXIUM (esomeprazole)
- Norton Rose Canada LLP
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- Canada
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- June 28 2011
On May 30, 2011, the Federal Court dismissed AstraZeneca's (“AZ”) motion for an interlocutory injunction preventing Apotex Inc. (“Apotex”) from selling a generic version of NEXIUM (esomeprazole magnesium) in Canada pending trial in September 2013
Federal court dismisses challenge to a data protection listing on the register of innovative drugs ELOXATIN (oxaliplatin)
- Norton Rose Canada LLP
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- Canada
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- May 16 2011
On May 2, 2011, Campbell J. of the Federal Court dismissed the application of Teva Canada Limited ("Teva") seeking to review the response of the Minister of Health ("Minister") which refused Teva's request to remove sanofi-aventis Canada Inc.'s drug ELOXATIN (oxaliplatin) from the Register of Innovative Drugs ("Register"
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