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Results: 1-10 of 11

Canada is first to grant WTO compulsory licence for export of generic drug

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • October 12 2007

Last week, Canada became the first country to issue a compulsory licence for the production and export of a patented medicine to a developing country pursuant to a plan negotiated under the auspices of the World Trade Organization (WTO

Federal Court finds certain third party payments are not reportable to the Patented Medicines Prices Review Board (PMPRB)

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 30 2009

On July 10, 2009, the Federal Court of Canada released its decision in Pfizer Canada Inc. v. Canada (AG), 2009 FC 719

Federal Court clarifies duty of candour owed during prosecution of patent applications

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 27 2009

In a recent Federal Court decision of Lundbeck Canada Inc. v. Ratiopharm Inc., 2009 FC 1102 dated November 23, 2009, Justice Mactavish clarified the duty of candour owed by an applicant pursuant to s. 73(1)(a) of the Patent Act

The Federal Court of Appeal recently released an important decision on the doctrine of sound prediction (Eli Lilly Canada Inc. v. Apotex Inc. 2009 FCA 97)

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 17 2009

Eli Lilly’s '356 patent claims raloxifene and other benzothiophenes for use in treating or preventing osteoporosis or bone loss, particularly in post-menopausal females, and particularly without eliciting significant estrogenic responses in primary sex tissues

Amendments to the Patented Medicines (Notice of Compliance) Regulations: subsequent changes voicing government intent

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 3 2008

In light of recent amendments to the Patented Medicines (Notice of Compliance) Regulations, patents that previously may have been rejected or found not eligible for listing on the Health Canada patent register may now be eligible to be listed

Patent settlement agreements and the Competition Act “something more” required for conspiracy

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • February 11 2010

The Federal Court of Appeal recently confirmed that patent settlement agreements may be subject to the provisions of the Competition Act; however, "something more" than a mere assertion of patent rights is required to amount to conspiracy under the Act

The fallout of AstraZeneca Canada Inc v Canada (Minister of Health)

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • April 30 2007

In the last issue of the Technology Law Quarterly, we reported on the Supreme Court of Canada’s decision in AstraZeneca Canada Inc v Canada (Minister of Health

Duty of faith comes to Canada

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • April 30 2007

On January 24, 2007, the Federal Court in G.D. Searle & Co. and Pfizer Canada Inc. v. Novopharm Limited and the Minister of Health dismissed an application by Searle to prohibit the Minister of Health from issuing regulatory approval to Novopharm, a generic company, to produce a medicine known as celecoxib

Federal Court decision in first Section 8 damages case under the PMNOC Regulations: Section 8 remedy found not to include innovator’s profits

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • October 24 2008

In the first trial decision in an action brought pursuant to Section 8 of the Patented Medicines (Notice of Compliance) Regulations (the Regulations), Justice Hughes of the Federal Court has determined that the Federal Court has jurisdiction to hear and determine actions instituted under Section 8 of the Regulations, that Section 8 is properly enabled, and that the federal Parliament has the constitutional authority to pass Section 8

Patentees score a victory in the Supreme Court of Canada: validity of selection patents upheld

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 7 2008

On Thursday, November 6, 2008, the Supreme Court of Canada released its much-anticipated decision in Sanofi-Synthelabo Canada Inc. v. Apotex Inc