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Teva Canada Innovation v. Attorney General of Canada

Borden Ladner Gervais LLP
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Canada
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May 8 2013

The Patented Medicine Prices Review Board (the PMPRB) ordered Teva to pay the Crown approximately $2.4 million for selling its product at an

Intellectual property weekly abstracts bulletin

Borden Ladner Gervais LLP
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Canada
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April 1 2013

The Court granted a Prohibition Order to AstraZeneca, preventing Ranbaxy from entering the market with a generic version of ompeprazole until the

Finding of "fair expectation of success" leads to finding of obviousness

Borden Ladner Gervais LLP
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Canada
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March 11 2013

Teva sent two Notices of Allegation, one in respect of 50mg tablets and the second in respect of 150, 200, 300 and 400mg tablets, which were addressed

Leave to appeal to the Court of Appeal Re: motion to strike pleadings granted in respect of claims to unjust enrichment, denied in respect of claims under the Trade-Marks Act

Borden Ladner Gervais LLP
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Canada
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March 6 2013

In this case, Apotex has sued Eli Lilly for damages pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations. Eli Lilly brought a

Court of Appeal permits sampling of Apotex’s products

Borden Ladner Gervais LLP
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Canada
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February 27 2013

The Court of Appeal is permitting several innovator pharmaceutical companies to obtain samples of Apotex’s drug products for destructive testing

Majority decision in Court of Appeal grants appeal relating to data protection

Borden Ladner Gervais LLP
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Canada
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February 20 2013

The Minister of Health (“Minister”) refused to register Celgene’s drug THALOMID on the Register of Innovative Drugs. The Court quashed this decision

NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction

Borden Ladner Gervais LLP
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Canada
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February 13 2013

In this case, one claim of a patent was at issue in the proceeding. The claim related to the use of pregabalin or its racemate to treat pain. The

Ontario Court dismisses generic claims for unjust enrichment in s. 8 proceeding

Borden Ladner Gervais LLP
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Canada
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January 30 2013

Apotex sued Abbott and Takeda for damages pursuant to s. 8 of the NOC Regulations. As part of the claim, Apotex claimed disgorgement of profits

Court dismisses NOC proceeding for mootness when NOA withdrawn

Borden Ladner Gervais LLP
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Canada
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January 30 2013

Lilly brought an application for prohibition pursuant to the Patented Medicines (Notice of Compliance) Regulations. Subsequently, Teva established to

Definition of “innovative drug” does not include variations

Borden Ladner Gervais LLP
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Canada
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January 23 2013

This is an appeal by Takeda of a decision of the Court, in which the Court upheld the decision of the Minister of Health to refuse to list Takeda’s

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Teva Canada Innovation v. Attorney General of Canada

Intellectual property weekly abstracts bulletin

Finding of "fair expectation of success" leads to finding of obviousness

Leave to appeal to the Court of Appeal Re: motion to strike pleadings granted in respect of claims to unjust enrichment, denied in respect of claims under the Trade-Marks Act

Court of Appeal permits sampling of Apotex’s products

Majority decision in Court of Appeal grants appeal relating to data protection

NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction

Ontario Court dismisses generic claims for unjust enrichment in s. 8 proceeding

Court dismisses NOC proceeding for mootness when NOA withdrawn

Definition of “innovative drug” does not include variations

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