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Hospira v Eli Lilly, appeal of order for further and better production of documents, gemcitabine, October 26, 2010

Gowling Lafleur Henderson LLP
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Canada
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November 24 2010

Eli Lilly alleged that gemcitabine made in China and imported into Canada by Hospira infringes Eli Lilly's patent for an intermediate process step in the manufacture of gemcitabine

Novopharm v Pfizer, motion for interim relief pending appeal, pregabalin, October 5, 2010

Gowling Lafleur Henderson LLP
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Canada
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November 24 2010

See the earlier decisions in this case in the May 2010 and July 2010 editions of this newsletter

Astrazeneca v. Apotex, PMNOC Regulations decision, esomeprazole, June 30, 2010

Gowling Lafleur Henderson LLP
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Canada
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July 16 2010

The court dismissed AstraZeneca's application AstraZeneca for an order prohibiting the issuance of a Notice of Compliance ("NOC") to Apotex on the grounds that the allegation of invalidity was justified insofar as the assertions of lack of utilitysound prediction and obviousness, but not justified regarding an assertion of anticipation

Janssen v Mylan, unsuccessful PMNOC proceedings, galantamine, November 11, 2010

Gowling Lafleur Henderson LLP
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Canada
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November 24 2010

Janssen sought an order of prohibition until expiry of its '950 patent which claimed the use of an optimum dosing regimen of galantamine to treat Alzheimer's Disease

Impacts of the Amazon.com decisions on medical use claims in Canada

Gowling Lafleur Henderson LLP
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Canada
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July 13 2012

Methods of medical treatment and surgery are not statutory subject matter in Canada

Eli Lilly Canada Inc. v. Apotex Inc (2010 FCA 240)

Gowling Lafleur Henderson LLP
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Canada
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October 27 2010

This was an appeal of the decision of Madame Justice Gauthier (in the Federal Court) who had found that although Lilly met its burden to prove that Apotex infringed eight Lilly process patents related to the manufacture of the antibiotic cefaclor for material imported before June 3, 1998, Lilly failed to do so for the cefaclor imported into Canada after June 3, 1998

Pfizer v. Novopharm, interlocutory motion in PMNOC Regulations case

Gowling Lafleur Henderson LLP
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Canada
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May 21 2010

Novopharm served a NOA on Pfizer which it had designated confidential

Novopharm Limited v. Eli Lilly and Company (2010 FC 915)

Gowling Lafleur Henderson LLP
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Canada
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October 27 2010

An impeachment action was brought by Novopharm in respect of a patent for STRATTERA alleging obviousness, anticipation, utility and improper selection

Merck-Frosst-Schering Pharma GP v. Canada (Health) (2010 FC 933)

Gowling Lafleur Henderson LLP
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Canada
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October 27 2010

Merck-Frosst (“Merck”) applied for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for its generic version of Ezetimibe

Eli Lilly v Apotex, PMNOC proceedings, strattera, October 29, 2010

Gowling Lafleur Henderson LLP
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Canada
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November 24 2010

Eli Lilly sought an order of prohibition against Apotex until expiry of its patent for atomoxetine (the '735 patent