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

Stikeman Elliott LLP
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Canada
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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

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

Stikeman Elliott LLP
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Canada
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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

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

Stikeman Elliott LLP
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Canada
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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

Ontario Superior Court of Justice releases class action trial decision

Stikeman Elliott LLP
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Canada
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June 29 2012

After hearing 138 days of evidence, allowing for 4 months of written submissions and approximately 8 days of oral closing submissions in a trial of the common issues in Andersen v. St. Jude Medical Inc., a class action brought on behalf of a class of persons implanted with allegedly defective heart valves, Justice Lax of the Ontario Superior Court of Justice, on Tuesday, released a 222 page decision dismissing the action

Federal Court prevents Minister of Health from allowing sale of generic version of immunosuppressive drug MMF

Stikeman Elliott LLP
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Canada
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August 24 2011

In an application pursuant to the Patented Medicines (Notice of Compliance) Regulations, Hoffman-La Roche sought an order preventing the Minister of Health from issuing a notice of compliance to Apotex for the drug mycophenolate mofetil (MMF), an immunosuppressive drug used primarily in organ transplants, until after the expiry of Canadian Patent No. 1,333,285

Federal Court of Appeal confirms that Eli Lilly's patent to atomoxetine is invalid for lack of utility

Stikeman Elliott LLP
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Canada
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August 15 2011

The Federal Court of Appeal recently released its decision in Eli Lilly and Company v Teva Canada Ltd, confirming the trial court’s finding that Canadian Patent No. 2,209,735 (the 735 patent), which claims a new use for an old medicine that has long been in the public domain (the use of atomoxetine for treating attention deficit hyperactivity disorder (ADHD) in three of its manifestations among all age groups), is invalid

Federal Court of Appeal refuses to set aside prohibition order even though untrue material allegations had been made in the invalid patent at issue

Stikeman Elliott LLP
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Canada
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July 15 2011

A recent decision of the Federal Court of Appeal represents a blow to generic pharmaceutical companies in their quest to seek compensation for the period of time that they were precluded from entering the market with a generic version of a drug as a result of an invalid patent and lengthy proceedings under the Patented Medicines (Notice of Compliance) Regulations (NOC Regulations

Apotex denied damages for the delay it experienced in bringing its generic version of the medicine lovastatin to market

Stikeman Elliott LLP
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Canada
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February 7 2011

In a recent decision in Apotex Inc. v. Merck & Co., Inc., 2010 FC 1264, the Federal Court denied Apotex damages resulting from the delay it experienced in bringing its generic version of the drug lovastatin to market as a result of Merck’s prohibition application

Federal Court finds Apotex infringed Merck's product-by-process patent for lovastatin

Stikeman Elliott LLP
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Canada
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February 4 2011

In Merck & Co. Inc. v. Apotex Inc., the Federal Court found Apotex to have infringed Merck’s Canadian Patent No. 1,161,380 (‘380 Patent), a product-by-process patent for the medicine lovastatin

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

Stikeman Elliott LLP
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Canada
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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

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