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Federal Court finds patent obvious and not soundly predicted

Norton Rose Canada LLP
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Canada
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July 7 2010

On June 30, 2010, the Federal Court dismissed AstraZeneca's application for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex in respect of its generic version of esomeprazole (NEXIUM) until after the expiry of Canadian Patent No. 2,139,653 ("653 Patent"

Federal Court of Appeal holds that patent dedication to be assessed as of date of hearing, not earlier

Norton Rose Canada LLP
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Canada
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June 30 2010

On June 22, 2010, the Federal Court of Appeal (“FCA”) granted Abbott’s cross-appeal and dismissed Sandoz’s appeal stemming from a decision of the Federal Court

Federal Court of Appeal: section 8 damages do not arise if a prohibition order is set aside after an impeachment action NAPROXYN SR (NAPROXEN

Norton Rose Canada LLP
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Canada
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June 15 2010

On June 10, 2010, the Federal Court of Appeal (“FCA”) dismissed Apotex Inc.’s (“Apotex”) appeal from the decision of Hughes J, who had dismissed Apotex’s damages action under section 8 of the NOC Regulations in respect of the drug NAPROXYN SR

Federal Court upholds XALATAN patent and grants prohibition order to Pfizer XALATAN (latanoprost)

Norton Rose Canada LLP
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Canada
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May 4 2010

On April 26, 2010, the Federal Court granted Pfizer Canada Inc. and Pharmacia Aktieblolag’s (“Pfizer et al”) application for an order prohibiting the Minister of Health from issuing a notice of compliance to Apotex Inc. (“Apotex”) in respect of a generic version of latanoprost, the active ingredient in XALATAN until the expiry of Canadian Patent No. 1,339,132 (“132 patent”

Federal court holds that notice of allegation is not a confidential document

Norton Rose Canada LLP
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Canada
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May 4 2010

On April 14, 2010, Prothonotary Milczynski of the Federal Court dismissed a motion by Novopharm Limited (“Novopharm”) for an Order designating its notice of allegation (“NOA”) as “confidential information” under the terms of a Protective Order

Supreme Court denies leave to Apotex re: Coversyl patent

Norton Rose Canada LLP
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Canada
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March 29 2010

On March 25, 2010, the Supreme Court of Canada denied Apotex Inc.'s application for leave to appeal from a decision of the Federal Court of Appeal in which it was held that Servier's Canadian Patent was valid and infringed by Apotex Inc.’s use, sale and export of Apo-perindopril

Court denies motion for Mareva injunction in a Section 8 damages action

Norton Rose Canada LLP
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Canada
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March 11 2010

On March 2, 2010, the Federal Court denied a motion brought by Novopharm Limited (“Novopharm”) seeking a Mareva injunction enjoining Eli Lilly Canada Inc. (“Lilly Canada”) from transferring its revenues to its parent company, Eli Lilly and Company (“Lilly US”

Federal Court refuses to preliminarily decide propriety of asserting infringement defence to a section 8 damages claim

Norton Rose Canada LLP
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Canada
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February 3 2010

On January 27, 2010, Justice Hughes of the Federal Court ruled that it was premature to decide whether an innovative drug company could assert a defence of patent infringement in response to a damages action commenced by a generic drug manufacturer pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "PM(NOC) Regulations"

Supreme Court of Canada denies leave to Apotex - liability under Section 8 of the NOC Regulations is now clarified

Norton Rose Canada LLP
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Canada
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January 28 2010

On January 28, 2010, the Supreme Court of Canada denied Apotex’s application for leave to appeal from the first appellate decision concerning the scope of liability under section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”), as they stood prior to October 5, 2006

Federal Court denies prohibition order patents not infringed - desloratidine (Aerius)

Norton Rose Canada LLP
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Canada
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January 26 2010

On December 22, 2009, the Federal Court dismissed an application for an Order preventing the Minister of Health from issuing a notice of compliance to Pharmascience Inc. ("PMS") in respect of a generic version of Schering-Plough’s ("Schering") desloratidine drug until the expiry of Canadian Patent Nos. 2,325,014 ("'014 patent") and 2,267,136 ("'136 patent"