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Results: 1-10 of 46

British Columbia Court of Appeal decertifies pharmaceutical class action

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • March 13 2014

In Wakelam v. Wyeth Consumer Healthcare Wyeth Soins de Sante Inc., 2014 BCCA 36, the British Columbia Court of Appeal overruled a decision

"Frozen register" concept renders Janssen's disclaimer irrelevant

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • September 10 2010

This was a motion brought by Apotex pursuant to section 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations (Regulations) to dismiss Janssen’s prohibition application on the basis that it was “redundant, scandalous, frivolous, or vexatious or otherwise an abuse of process”

Ceplene not an "innovative drug" under the data protection provisions of the food and drug regulations

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • November 2 2010

The Federal Court recently dismissed Epicept Corporation’s (Epicept) application for judicial review of a decision of the Minister of Health (the Minister

REVATIO patent ruled invalid for lack of sound prediction and obviousness

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • June 18 2010

In an application under the Patented Medicines (Notice of Compliance) Regulations (“Regulations”), Pfizer sought an order prohibiting the Minister of Health (“Minister”) from issuing a notice of compliance (“NOC”) to Ratiopharm for a generic version of the drug REVATIO (containing the medicine sildenafil citrate (“sildenafil”) the same medicinal ingredient contained in VIAGRA) until after the expiry of the 324 patent

Health Canada has released its statistical report for 2009 on the Patented Medicines (Notice of Compliance) Regulations and Data Protection provisions of the Food and Drug Regulations

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • December 17 2010

Health Canada has released its statistical report for 2009 in respect of the administration of the Patented Medicines (Notice of Compliance) Regulations (the PM(NOC) Regulations) and data protection provisions of the Food and Drug Regulations

Federal Court confirms decision to withhold designating notice of allegation as a confidential document

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • July 8 2010

Even though generic pharmaceutical companies invest significant time and funds into the preparation of notices of allegations (“NOA”s), the Federal Court has confirmed that such documents should remain available to the public and not be designated as confidential information under the terms of a protective order

Drug-related patent held invalid for double patenting and anticipation, but not obviousness

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • June 3 2010

In a decision rendered May 11, 2010 under the Patented Medicines (Notice of Compliance) Regulations, Justice Hughes of the Federal Court of Canada found Canadian Patent No. 2,173,457 (the ’457 Patent) to be invalid, and accordingly dismissed an application by Merck which sought to prohibit the Minister of Health from issuing a notice of compliance to Pharmascience, allowing Pharmascience to market its generic version of the medicine finasteride for treating male pattern baldness

Supreme Court issues clear warning of need to respect the "patent bargain"

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • November 12 2012

On Thursday, November 8, 2012, a unanimous Supreme Court of Canada issued a decision with significant implications for those wishing to obtain or enforce Canadian patent rights

Defendants may get reprieve from multiple and overlapping national class actions over Vioxx

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • December 19 2008

The issue of overlapping national class actions concerning the same causes of action will soon come before Ontario's appellate courts, thanks to a recent order granting leave to appeal in Mignacca v. Merck Frosst Canada

Supreme Court of Canada finds patented medicine prices review board has jurisdiction over price of thalomid in Canada

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • January 25 2011

The Supreme Court of Canada released a decision on January 20, 2011 in Celgene Corp. v. Canada (Attorney General), 2011 SCC 1 that may have a chilling effect on the availability of medicines under Health Canada’s Special Access Program (SAP