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Federal Court of Appeal upholds denial of innovator profits and refuses to grant damages for future lost market share in first case under s. 8 of the PM(NOC) Regulations

Gowling Lafleur Henderson LLP
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Canada
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June 5 2009

In September 2008, the Federal Court released its first decision interpreting s. 8 of the PM(NOC) Regulations

Law professor criticizes recent court rulings on patent disclosure

Gowling Lafleur Henderson LLP
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Canada
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September 30 2009

In a recent issue of the Lawyers Weekly, Professor Jeremy de Beer of the University of Ottawa criticizes the uncertainty in Canadian patent law and calls on the Supreme Court to clarify disclosure obligations

Aventis v. Pharmascience; motion to set aside a previous order of prohibition; 2009 FC 915; ramipril; September 15, 2009

Gowling Lafleur Henderson LLP
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Canada
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September 30 2009

Pharmascience had previously sent an Notice of Allegation (NOA) with respect to a patent to Aventis, resulting in a full hearing and appeal, concluding with an order of prohibition

Janssen-Ortho v. Apotex; motion for a stay; 2009 FCA 250; tramadol and acetaminophen; August 20, 2009

Gowling Lafleur Henderson LLP
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Canada
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September 30 2009

In the Courts below, Apotex brought a motion to dismiss the application

Apotex v. Pfizer

Gowling Lafleur Henderson LLP
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Canada
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March 4 2009

The Court of Appeal dismissed the generic company's appeal and upheld the decision of the trial judge prohibiting Apotex entering the market until the expiry of the patent

Solvay v. Canada (Minister of Health)

Gowling Lafleur Henderson LLP
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Canada
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March 4 2009

The Court upheld the decision of the Minister refusing to list a patent on the Patent Register

G.D. Searle v. Canada (Minister of Health)

Gowling Lafleur Henderson LLP
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Canada
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March 4 2009

The Minister of Health removed a patent from the Patent Register on the basis that it was ineligible for listing

Novopharm v. Eli Lilly

Gowling Lafleur Henderson LLP
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Canada
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March 4 2009

The Court dismissed a motion by the Canadian Generic Pharmaceutical Association (CGPA) requesting leave to intervene in Novopharm's appeal of a decision of the Federal Court

Johnson & Johnson v. Boston Scientific

Gowling Lafleur Henderson LLP
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Canada
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May 28 2009

Johnson & Johnson (J&J) had sued Boston Scientific (Boston) for patent infringement

Pharmacommunications Holdings v. Avencia International

Gowling Lafleur Henderson LLP
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Canada
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May 28 2009

The Court of Appeal upheld a trial judge’s decision dismissing an application in a suit regarding statutory passing-off