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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 invalidates selection patent for zyprexa (olanzapine)

Norton Rose Canada LLP
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Canada
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October 15 2009

On October 1, 2009, Justice O'Reilly of the Federal Court held that Canadian Patent No. 2,041,113 ("113 Patent") was an invalid selection patent on the basis that the advantages of olanzapine in comparison to a previously disclosed genus and other anti-psychotics was not soundly predictable at the Canadian filing date

Canadian Chamber of Commerce recommends measures to improve Canadian IP protection in the pharmaceutical field

Norton Rose Canada LLP
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Canada
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January 20 2011

On January 19, 2011, the Canadian Intellectual Property Council ("CIPC") and the Canadian Chamber of Commerce released a report addressing the need for greater protection of intellectual property in the pharmaceutical field

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 considers a patent disclaimer filed after the receipt of a notice of allegation

Norton Rose Canada LLP
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Canada
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November 10 2009

On October 22, 2009, Justice Zinn of the Federal Court dismissed sanofi-aventis Canada Inc.'s application for an order of prohibition

Federal Court of Appeal holds that section 8 liability is confined to damages and excludes future losses

Norton Rose Canada LLP
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Canada
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June 4 2009

At long last, on June 4, 2009, the Federal Court of Appeal rendered its first substantive judgment on section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations"

Ten steps to being better prepared for a generic patent challenge in Canada

Norton Rose Canada LLP
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Canada
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January 14 2010

Canada's Patented Medicines (Notice of Compliance) Regulations (the "Regulations") have become the de facto means of protecting patented pharmaceuticals in Canada

Lack of good faith during patent prosecution invalidates patent

Norton Rose Canada LLP
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Canada
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November 27 2009

On October 28, 2009, the Federal Court dismissed Lundbeck's application for an order prohibiting the Minister of Health from issuing a notice of compliance to Ratiopharm in respect of a generic version of EBIXA until the expiry of Canadian Patent Nos. 2,014,453 ("' 453 patent") and 2,426,492 ("'492 patent"

Federal Court holds that formulation patents must claim all medicinal ingredients in order to be eligible for listing

Norton Rose Canada LLP
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Canada
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November 24 2009

On November 17, 2009, Justice Russell of the Federal Court dismissed Bayer Inc.'s application for judicial review of the Minister of Health's decision that Canadian Patent No. 2,194,979 (the "'979 Patent") was ineligible for listing on the Patent Register

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"