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Federal Court of Appeal ups the ante for patentees litigating under the PM(NOC) Regulations
- Norton Rose Canada LLP
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- USA
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- May 31 2007
In Sanofi-Aventis Canada Inc. v. Novopharm Limited 2007 FCA 163 the Federal Court of Appeal has decided that a patentee who unsuccessfully challenges an allegation made by a generic drug manufacturer under the PM(NOC) Regulations cannot re-litigate the same allegation made by any subsequent generic drug manufacturer
Federal Court grants prohibition order: allegations regarding Oxycontin patent not justified
- Norton Rose Canada LLP
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- Canada
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- September 3 2009
On July 17, 2009, the Federal Court (Harrington J) allowed an application by Purdue Pharma ("Purdue") under section 6 of the Patented Medicines (Notice of Compliance) Regulations and prohibited the Minister of Health from issuing a Notice of Compliance to Pharmascience Inc. ("Pharmascience") until after the expiration of Canadian Patent No. 2,098,738 (the "Patent"
The difficulty of proper disclosure for BIO-IT patents
- Norton Rose Canada LLP
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- Canada
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- September 30 2009
According to the Canadian Patent Act a patent will only be granted if an invention is novel, non-obvious and useful, assuming that the claims define statutory (i.e., patentable) subject matter
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"
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
Third party intervention in NOC proceedings will only be allowed in the clearest of cases
- Norton Rose Canada LLP
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- Canada
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- November 2 2007
This is a preliminary decision in Eli Lilly’s appeal of the dismissal of a prohibition proceeding in connection with the drug, ZYPREXA (olanzapine
Federal Court of Appeal reconfirms that once an NOC issues, a patent holder’s appeal is moot
- Norton Rose Canada LLP
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- Canada
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- November 19 2007
On November 5, 2007, a majority of the Federal Court of Appeal granted a motion brought by Novopharm Limited (“Novopharm”) dismissing an appeal brought by Eli Lilly Canada Inc. (“Eli Lilly”) as moot
Federal Court of Appeal upholds validity and infringement of Coversyl patent
- Norton Rose Canada LLP
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- Canada
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- July 3 2009
On June 30, 2009, the Federal Court of Appeal ("FCA") upheld the decision of Snider J. who had found Canadian Patent No. 1,341,196 ("'196 patent") valid and infringed by Apotex Inc.’s use, sale and export of its Apo-perindopril product
Federal Court of Appeal clarifies abuse of process doctrine in NOC cases
- Norton Rose Canada LLP
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- Canada
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- July 3 2009
On June 22, 2009, the Federal Court of Appeal ("FCA") allowed Apotex Inc.’s ("Apotex") appeal from the decision of Shore J., who had granted Janssen-Ortho Inc.'s ("Janssen-Ortho") application for a prohibition order in respect of the drug LEVAQUIN (levofloxacin) and Canadian Patent No. 1,304,080 (the "'080 patent"
Federal Court finds that generic manufacturer is estopped from re-litigating patent validity in regard to a related product
- Norton Rose Canada LLP
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- Canada
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- October 27 2009
On October 19, 2009 Justice Martineau of the Federal Court held that Apotex's notice of allegation ("NOA") in respect of Canadian Patent No. 2,041,113 (the "Patent") and the drug ZYPREXA was null, void and of no effect, as Apotex had previously made allegations of invalidity in respect of each claim of the Patent
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- Firm Name - Norton Rose LLP
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