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Results: 1-10 of 430

Dow prevails over Nova in polymer patent suit

  • Smart & Biggar/Fetherstonhaugh
  • -
  • Canada
  • -
  • October 8 2014

The Dow Chemical Company (“Dow”) has prevailed in a Canadian patent infringement suit against Nova Chemicals Corporation (“Nova”) relating to Nova’s

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

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

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

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

Bristol-Myers Squibb obtains order of prohibition against Mylan regarding efavirenz

  • Smart & Biggar/Fetherstonhaugh
  • -
  • Canada
  • -
  • October 5 2012

On September 27, 2012, Justice Barnes of the Federal Court granted Bristol-Myers Squibb ("BMS") an Order prohibiting the Minister of Health from issuing a notice of compliance ("NOC") to Mylan Pharmaceuticals ULC for a generic efavirenz product (BMS's SUSTIVA) until the expiry of Patent No. 2,101,572 (’572), but not Patent No. 2,279,198 (’198

Pfizer v Ratiopharm, appeal of decision on invalidity, Amlodipine Besylate, July 29, 2010

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • August 26 2010

In the Federal Court, Pfizer's patent for amlodipine besylate was held invalid on numerous grounds, including obviousness

Court affirms utility of Gleevec patent

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 20 2013

"Sound prediction's introduction into Canadian law was not, as I understand it, to give a crushing hammer to those who challenge patents." Snider J

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

Supreme Court of Canada: VIAGRA patent "void" for insufficient disclosure

  • Smart & Biggar/Fetherstonhaugh
  • -
  • Canada
  • -
  • November 8 2012

The Supreme Court of Canada today released the hotly anticipated decision in Teva Canada Limited v Pfizer Canada Inc, 2012 SCC 60 (sildenafil, VIAGRA