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Federal Court of Appeal updates and confirms “promise of a patent” doctrine in Canada

  • Marks & Clerk LLP
  • -
  • Canada, United Kingdom
  • -
  • December 17 2013

A Canadian Federal Court of Appeal decision earlier this year confirmed the presence of the "promise of a patent" doctrine in Canada, meaning that

Apotex loses the war in Canada and the battle in England: UK courts rely on Canadian decision to find Apotex acting unlawfully in cCnada has consequences in eErope

  • Gowling Lafleur Henderson LLP
  • -
  • Canada, United Kingdom
  • -
  • October 13 2011

Servier developed perindopril erbumine (“perindopril”) which is a successful long lasting ACE inhibitor sold under the trade-mark COVERSYL

High Court sets aside £17.5m cross-undertaking in damages award

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada, United Kingdom
  • -
  • April 14 2011

The award of £17.5 million damages to Apotex under a cross-undertaking in damages given by Servier has been set aside by the High Court on the basis of public policy and the rule of law that no action can arise from an illegal or immoral act here the manufacture of a generic medicine that infringed a valid foreign patent