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Other industry news

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 27 2010

The Government has published amendments to the Patented Medicines (Notice of Compliance) Regulations

The Court of Appeal sends s.8 case back to trial judge for redetermination

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 26 2012

The Federal Court of Appeal (FCA) has granted Apotex’ appeal and sent a case considering s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the Regulations) back to the Trial Judge for redetermination

Final amount for section 8 damages determined

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 12 2012

The Court had previously provided a judgment, resolving a number of matters in dispute between the parties with respect to the amount of compensation to be paid pursuant to s. 8 of the NOC Regulations (summary here

Court finds allegations in NOA to be unjustified, however dismisses application for prohibition on basis of mootness

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 18 2010

In this proceeding under the NOC Regulations, the Court found all of Apotex’ allegations to be unjustified

Decisions in leave to appeal to the Supreme Court

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 18 2013

The Supreme Court is releasing their judgment for two leave decisions this Thursday. The first, Gilead Science Canada Inc. v. Minister of Health

Court of Appeal refuses to reinstate patent when fees paid by someone other than the authorized agent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 24 2011

This is an appeal of a judgment dismissing an application for a judicial review of a decision of the Commissioner of Patents

Pfizer Canada Inc. v. Novopharm, The Minister of Health, Northwestern University and the Board of Regents for the University of Oklahoma

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 5 2010

In a proceeding pursuant to the Patented Medicines (Notice of Compliance) Regulations, Novopharm brought a motion seeking a Protective Order that allowed the designation of Novopharm's Notice of Allegation (NOA) as confidential

Only authorized correspondent can pay maintenance fees for application

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 14 2011

The Judge found that the acceptance of maintenance fees paid within the grace period by someone other than the authorized correspondent reinstated a lapsed patent application, but the subsequent reimbursement of those fees nullified the reinstatement

Patent application claiming method for making antibodies allowed in part

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 28 2012

The patent application was rejected by the Examiner on the basis that the claims are broader than the teaching of the description, contrary to section 84 of the Patent Rules and section 27(3) of the Patent Act

Other industry news

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 11 2012

Health Canada issued a Notice with respect to a meeting on June 26 of the newly formed Health Products and Food Branch Scientific Advisory Committee on Pharmaceutical Sciences and Clinical Pharmacology