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Results: 11-20 of 502

Eli Lilly patent for atomoxetine for use in treating ADHD invalid for lack of utility

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • October 19 2010

Novopharm Limited (now known as Teva Canada Limited but hereafter referred to as Novopharm) sought a declaration under s. 60(1) of the Patent Act, R.S.C. 1985, c. P-4 that Eli Lilly and Company’s (Lilly’s) Canadian Patent No. 2,209,735 (the ‘735 Patent) was invalid and void

Federal Court of Appeal refuses to strike pleading of patent infringement ZYMAR (gatifloxacin)

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • April 27 2011

On April 14, 2011, the Federal Court of Appeal dismissed an appeal by Apotex Inc. and Apotex Pharmachem Inc. ("Apotex") from an order dismissing its motion to strike the statement of claim filed by Allergan, Inc., Allergan Sales, LLC, Allergan USA, Inc. and Kyorin Pharmaceutical Co., Ltd ("Allergan") in a patent infringement action

Canadian patent term extension is coming

  • Bereskin & Parr LLP
  • -
  • Canada, European Union
  • -
  • October 18 2013

Canada and Europe announced an agreement in principle on a Comprehensive Economic and Trade Agreement (“CETA”) that will potentially increase Canadian

Methods of medical treatment and dosage claims

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • June 28 2011

In Canada, claims to methods of medical treatment are considered to fall outside the definition of invention according to section 2 of the Patent Act and a decision of the Supreme Court of Canada

Leave to amend Statement of Defence denied

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 18 2011

Shire brought a motion seeking leave to amend its Statement of Defence to add a new defence of infringement as well as a defence of failure to mitigate

Summary judgment for impeachment action of Viagra patent upheld by FCA

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • January 24 2014

On January 22, 2014 the Federal Court of Appeal ("FCA") in Pfizer Ireland Pharmaceuticals v Apotex Inc, dismissed an appeal from the judgment of the

Markush claims can pose a risk of patent invalidity

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • June 28 2011

As patent law in Canada continues to evolve in significant ways, it is important to remind ourselves of cases from the past few years that continue to impact patent drafting today and to influence the validity of patents, especially pharmaceutical patents in Canada

Federal Court finds selection patent invalid for lack of utility

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • November 21 2011

In October 2009, the Federal Court dismissed Lilly’s action for infringement of Canadian Patent No. 2,041,113 (“113 Patent) primarily on the basis that Lilly was not entitled to a second patent for olanzapine (Eli Lilly Canada Inc. v. Novopharm Limited, 2009 FC 1018

USPTO issues new subject matter guidance post-Myriad and Prometheus

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • March 7 2014

The United States Patent and Trademark Office (USPTO) issued a new guidance document for Examiners on March 4, 2014, effective immediately

Pfizer loses Viagra patent in Canada

  • AJ Park
  • -
  • Canada
  • -
  • December 17 2012

In a surprising decision in Teva Canada Ltd. V. Pfizer Canada Inc. 2012 SCC 60, the Supreme Court of Canada has unanimously ruled that Pfizer's patent covering ViagraTM is invalid