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Results: 1-10 of 443

S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld

Listing patents against combination drugs in Canada ? Changes coming

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • December 1 2014

On Nov. 26, 2014, Industry Canada announced an important proposed change to the eligibility requirements for listing a patent against a drug in

Re-litigation by a patentee with a different party has the federal court been consistent in its approach?

  • SIM. IP Practice
  • -
  • Canada
  • -
  • November 26 2014

Over the past few years the pharmaceutical marketplace has seen an increase in patent "re-litigation" (where a patentee is involved in a second case

Punitive damages not available under section 8 of the PM (NOC) Regulations

  • Norton Rose Fulbright LLP
  • -
  • Canada
  • -
  • November 17 2014

The Supreme Court of Canada has refused Teva’s application for leave to appeal the decision of the Federal Court of Appeal which had upheld an order

Sanofi-Aventis, et al. V. Apotex Inc., et al.

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • November 10 2014

On October 30, the Supreme Court of Canada granted leave to appeal from the Federal Court of Appeal (FCA) decision in Apotex Inc. v. Sanofi-Aventis

Supreme Court of Canada to hear landmark pharmaceutical section 8 damages case

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 4 2014

On October 30, 2014, the Supreme Court of Canada granted leave to Sanofi-Aventis' ("Sanofi") application for leave to appeal a decision of the

“Gene Patent” controversy comes to Canada

  • Bereskin & Parr LLP
  • -
  • Canada, USA
  • -
  • November 4 2014

Patents related to isolated DNA corresponding to a gene, as well as methods claiming the diagnostic use of such DNA sequences are often referred to

Leave to appeal to SCC granted for a section 8 damages case

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this

Pleadings amendment to a damages reference not allowed found to be a collateral attack on the final judgment

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

Apotex moved to file an amended Responding Statement of Issues on a reference pursuant to Rule 153. According to the Court, Apotex wants to argue

Court of Appeal again interprets utility requirement in Celebrex FCA

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • November 1 2014

The Federal Court of Appeal has again discussed the so-called “promise doctrine” in its October 30, 2014 decision of Apotex Inc. v. Pfizer Canada Inc