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

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • 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
  • -
  • Canada
  • -
  • 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

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

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • 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

Health Canada has released its statistical report for 2009 on the Patented Medicines (Notice of Compliance) Regulations and Data Protection provisions of the Food and Drug Regulations

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • December 17 2010

Health Canada has released its statistical report for 2009 in respect of the administration of the Patented Medicines (Notice of Compliance) Regulations (the PM(NOC) Regulations) and data protection provisions of the Food and Drug Regulations

Apotex succeeds in getting a NOC despite itself

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • December 1 2010

A recent Federal Court decision highlighted the differences in prohibition proceedings under the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations) and impeachment actions under the Patent Act