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Federal Court declares omeprazole formulation patent valid and infringed

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • March 25 2015

On March 16, 2015, Justice Barnes of the Federal Court issued his decision in AstraZeneca Canada Inc. et al v. Apotex Inc., 2015 FC 322, declaring

Canadian patent law: 2014 year in review

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • March 18 2015

This article summarises noteworthy Canadian patent law decisions and developments from 2014. Court of Appeal addresses patent utility in Celebrex The

Patents found obvious; subsequent appeal moot

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • March 6 2015

Janssen Inc (Janssen) brought two Applications pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations for orders

Federal Court upholds validity of patent for escitalopram (CIPRALEX)

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada
  • -
  • March 19 2013

Apotex Inc. (“Apotex”) brought an action for impeachment seeking a declaration that Lundbeck’s Canadian Patent No. 1,339,452 (the “’452 Patent”) is

Federal court dismisses notion that patents should be given only one interpretation for all purposes

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • June 19 2014

In a pair of simultaneously released decisions on June 13, 2014, Justice O'Reilly allowed Allergan's applications (the "Applications") prohibiting

Application for an order of prohibition dismissed for formulation patent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 18 2015

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was

Claims that involve a fixed dosage and schedule can constitute patentable subject matter

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • March 26 2015

The Canadian Intellectual Property Office (CIPO) has just issued a revised guidance for the examination of patent applications featuring medical use

Heenan Blaikie “grinds out” another win for Teva

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • January 13 2014

On January 13, 2014, the Federal Court dismissed an application by Bristol-Myers Squibb, Gilead Sciences, LLC and Merck Sharp & Dohme Corp

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."

Bayer Inc. v. Cobalt Pharmaceuticals Company, 2013 FC 1061 : methods of medical treatment held unpatentable, promise of a patent must be explicit

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • November 11 2013

On October 22, 2013, the Federal Court released its decision regarding Bayer's application to prohibit the Minister of Health from issuing Cobalt a