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Experimental testing in patent actions: federal court issues Notice to the Profession

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • April 21 2014

Experimental testing and patent infringement actions: they often go hand-in-hand. With respect to providing notice to other parties of experimental

Venlafaxine section 8 decision follows “roadmap” set out in previous decisions

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • April 14 2014

In this decision under section 8 of the Patented Medicines (Notice of Compliance) Regulations ("Regulations"), Justice Zinn of the Federal Court

Federal Court of Appeal updates the law of section 8 damages

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • March 19 2014

On March 14, 2014, the Federal Court of Appeal issued its highly anticipated decisions1concerning claims by Teva and Apotex for damages pursuant to

Patents year in review 2013

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 26 2014

This article summarizes noteworthy Canadian patent law decisions and developments from 2013. Plavix: Court of Appeal Addresses "Promise of the

Prohibition application re olopatadine patent dismissed for lack of sound prediction

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 21 2014

In her February 14th decision of Alcon Canada Inc v. Cobalt Pharmaceuticals Company(2014 FC 149), Justice Gleason of the Federal Court denied Alcon's

Claims construction for patent listing - does it serve any purpose?

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 21 2014

On February 17, 2014, the Federal Court dismissed an application by Eli Lilly for judicial review of the Minister of Health’s refusal to list Lilly’s

Federal Court issues prohibition Order in relation to anti-inflammatory Celebrex

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 5 2014

On January 28, 2014, the Federal Court issued a decision under the Patented Medicines (Notice of Compliance) Regulations involving the patent for the

Federal Court finds biologics patent valid and infringed

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • January 21 2014

On January 17, 2014, the Federal Court issued its first biologics patent decision since the 1999 decision of Kirin-Amgen Inc. v. Hoffmann-La Roche

"Plain and obvious” that innovators’ profits are not available to generics in Ontario

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • January 8 2014

On 12th September 2013 the Ontario Court of Appeal upheld the Ontario Superior Court's dismissal of Apotex's claim for disgorgement of Takeda and

IP report - Federal Court rejects ramp-up and free competition in pharma damages claims

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • December 18 2013

The Federal Court issued on December 11, 2013 its most recent decision in the evolving landscape of pharmaceutical damages claims under the Patented