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Results: 1-10 of 461

Canada patented medicines: Federal Court of Appeal confirms mootness of innovator appeals after generic marketing authorization is granted

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • February 17 2015

"Asking a court to prohibit a notice of compliance after it has issued is like asking someone to close the barn door after the horses have escaped."

Teva v Pfizer, or the “Viagra saga”: if there is no quid proper disclosure there can be no quo exclusive monopoly rights

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • November 19 2012

Sildenafil is the active ingredient in Viagra, the blockbuster potency-enhancing drug marketed by Pfizer

Federal court overturns Commissioner of Patents: claims with fixed dosages and dosing schedules held not to be methods of medical treatment

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • January 16 2015

In AbbVie Biotechnology Ltd v Canada (Attorney General) "AbbVie" the Federal Court allowed AbbVie's appeal of a decision by the Commissioner of

Federal Court of Appeal holds PMNOC appeal moot - innovator argument on CETA equal access to appeal right rejected

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • February 12 2015

Janssen Inc. et al. (Janssen) appealed from the decision of Justice Barnes of the Federal Court refusing to prohibit the Minister of Health from

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

Eli Lilly Canada Inc. v. Apotex Inc (2010 FCA 240)

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • October 27 2010

This was an appeal of the decision of Madame Justice Gauthier (in the Federal Court) who had found that although Lilly met its burden to prove that Apotex infringed eight Lilly process patents related to the manufacture of the antibiotic cefaclor for material imported before June 3, 1998, Lilly failed to do so for the cefaclor imported into Canada after June 3, 1998

Finding of non-infringement upheld on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 9 2015

The Court of Appeal dismissed an appeal of a decision of the Court in a NOC proceeding finding that an allegation of non-infringement was justified

Federal Court rejects generic’s non-infringing alternative defence and awards compound interest for patent infringement damages

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • February 2 2015

On January 23, 2015, the Federal Court released its public reasons for Judgment granting Eli Lilly and Company and Eli Lilly Canada, Inc

Novopharm Limited v. Eli Lilly and Company (2010 FC 915)

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • October 27 2010

An impeachment action was brought by Novopharm in respect of a patent for STRATTERA alleging obviousness, anticipation, utility and improper selection

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