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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

NOC proceedings

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 9 2014

Pfizer appealed the costs portion of a decision of the case-management Prothonotary striking portions of its evidence on reply (Decision here

Method for assessing quantum of damages determined by court

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 9 2014

In this case, the Court made key findings as to the method of determining quantum of s. 8 damages, and sent the parties away to determine the actual

Hypothetical world when multiple s. 8 damages cases held not to reflect size of actual generic market

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

In May, 2012, the Federal Court quantified damages owed to Apotex pursuant to s. 8 of the NOC Regulations (decision here, summary here). Similarly

Appeals dismissed from quantification of s. 8 damages

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

As discussed above, in May 2012, the Federal Court quantified damages owed to Apotex and Teva pursuant to s. 8 of the NOC Regulations. (Teva decision

Appeal of the re-examination board’s decision dismissed: three claims rejected

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

This was an appeal of a decision of a Re-Examination Board cancelling three claims of Newco Tank Corp.’s (“Newco”) Canadian Patent No. 2,421,384 (the

Appeal upholds dismissal of request to amend pleadings due to proximity to trial

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

This case concerns an appeal of a motion to amend pleadings in the s. 8 case described above. The motion had originally been brought three months

Federal Court of Appeal weighs in on section 8 damage quantification

  • Norton Rose Fulbright LLP
  • -
  • Canada
  • -
  • March 27 2014

On March 14, 2014, the Federal Court of Appeal released two decisions with respect to proceedings commenced pursuant to section 8 of thePatented

Court of Appeal upholds decision to deny amendments to statement of defence in Section 8 proceeding Sanofi-Aventis Canada Inc. v. Teva Canada Limited, 2014 FCA 65

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 24 2014

This appeal was heard in the context of an action commenced by Teva Canada Limited (“Teva”) seeking compensation from Sanofi-Aventis Canada Inc. and

Court of Appeal upholds decision awarding Section 8 compensation where sales related to “unauthorized indications” Sanofi-Aventis Canada Inc. v. Teva Canada limited, 2014 FCA 69

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 24 2014

Drug: ramipril This was an appeal by Sanofi-Aventis Canada Inc. and Sanofi-Aventis Deutschland GmbH (collectively "Sanofi") from a judgment of the