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Results: 1-10 of 49

Commissioner strips Lululemon of clothing claims

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • December 18 2007

The Bureau announced on November 16, 2007 that Vancouver-based Lululemon Athletica Inc. has agreed to remove all claims alleging therapeutic benefits from its "VitaSea" line of clothing products, marketed in its forty retail stores across Canada

Court finds AstraZeneca patent to esomeprazole (nexium) invalid for lack of sound prediction and obviousness

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • September 9 2010

This was an application brought by AstraZeneca under the provisions of the Patented Medicines (Notice of Compliance) Regulations for an order prohibiting the Minister of Health from issuing a notice of compliance to Apotex for 20 and 40 mg esomeprazole magnesium tablets until after the expiry of Canadian Patent No. 2,139,653 (the ‘653 patent

Confidentiality order appropriate to conceal subject-matter of Novopharm's abbreviated new drug submission

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • June 11 2010

Novopharm filed an abbreviated new drug submission (ANDS) for a generic version of a drug, and represented to the Minister of Health that the ANDS did not attract the application of the Patented Medicines (Notice of Compliance) Regulations (and therefore the requirement to address patents listed on the patent register thereunder), since the patents were added after Novopharm had purchased the Canadian Reference Products and completed its clinical studies

Continuation of the "first to file" rule in Québec?

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • September 14 2012

A recent decision from the Québec Superior Court has stated that the “first to file” rule continues to dictate the carriage of class actions within that province (except when it is obvious that the best interests of the putative class members are not the counsel’s priority), until such time as the Québec Court of Appeal changes the status quo

Eli Lilly patent for atomoxetine for use in treating ADHD invalid for lack of utility

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • October 19 2010

Novopharm Limited (now known as Teva Canada Limited but hereafter referred to as Novopharm) sought a declaration under s. 60(1) of the Patent Act, R.S.C. 1985, c. P-4 that Eli Lilly and Company’s (Lilly’s) Canadian Patent No. 2,209,735 (the ‘735 Patent) was invalid and void

Apotex succeeds in getting a NOC despite itself

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • December 1 2010

A recent Federal Court decision highlighted the differences in prohibition proceedings under the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations) and impeachment actions under the Patent Act

Court of Appeal for Ontario clarifies the duty of care test for cases of regulatory negligence

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • July 17 2012

In the recent decision in Taylor v. Canada (Attorney General), the Court of Appeal for Ontario addressed the requirements for a plaintiff to establish sufficient proximity between the plaintiff and the defendant in a claim brought against a governmental body for regulatory negligence

"Grave consequences" defence may be asserted against a generic in a Section 8 action under the PM(NOC) regulations

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • September 14 2010

In an action brought by Apotex Inc. (Apotex) to recover damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations (SOR93-133) (Regulations) in respect of the medicine modafinil, Shire Canada Inc. (Shire) brought this motion for leave to amend its statement of defence, alleging two new defences

Health Canada releases guidance on “danger to human health or safety” posed by consumer products

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • December 20 2013

Health Canada has released a guidance document on factors it will consider when determining whether a consumer product poses a "danger to human

Bureau releases generic drug sector study

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • November 15 2007

On October 29, 2007 the Competition Bureau (the Bureau) released its Canadian Generic Drug Sector Study, initiated in September, 2006, to identify areas where changes in the market framework might attain greater benefits through competition