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British Columbia Court of Appeal decertifies pharmaceutical class action
  • Stikeman Elliott LLP
  • Canada
  • March 13 2014

In Wakelam v. Wyeth Consumer Healthcare Wyeth Soins de Sante Inc., 2014 BCCA 36, the British Columbia Court of Appeal overruled a decision


Health and environmental claims an ongoing bureau focus
  • Stikeman Elliott LLP
  • Canada
  • December 18 2007

Investigations and enforcement actions over marketing and advertising claims related to health products and services have been a significant part of the Bureau's recent fair-business-practices work


Canadian Senate considers Food and Drugs Act amendments allowing for the disclosure of confidential business information
  • Stikeman Elliott LLP
  • Canada
  • July 29 2014

As previously reported, Bill C-17, An Act to amend the Food and Drugs Act, was passed by Canada's House of Commons on June 16, 2014 and has proceeded


Commissioner strips Lululemon of clothing claims
  • Stikeman Elliott LLP
  • Canada
  • December 18 2007

The Bureau announced on November 16, 2007 that Vancouver-based Lululemon Athletica Inc. has agreed to remove all claims alleging therapeutic benefits from its "VitaSea" line of clothing products, marketed in its forty retail stores across Canada


Proposed amendments to the Food and Drugs Act impose stricter after-market regulation on drugs and medical devices
  • Stikeman Elliott LLP
  • Canada
  • May 20 2014

The Minister of Health has introduced Bill C-17 An Act to Amend the Food and Drugs Act in the House of Commons, which is currently at the second


Bureau releases generic drug sector study
  • Stikeman Elliott LLP
  • Canada
  • November 15 2007

On October 29, 2007 the Competition Bureau (the Bureau) released its Canadian Generic Drug Sector Study, initiated in September, 2006, to identify areas where changes in the market framework might attain greater benefits through competition


Employee dismissed for incomplete medical disclosure prior to hiring
  • Stikeman Elliott LLP
  • Canada
  • December 19 2011

Although the employee acted in good faith and did not voluntarily try to mislead her future employer by not revealing certain aspects of her medical history, the arbitrator in Association des policières et policiers provinciaux du Québec et Sûreté du Québec (K.T.) confirmed the employee’s dismissal on the grounds of vitiated of consent in the formation of the employment contract


Federal Court of Appeal refuses a patent to a compound already the subject matter of product-by-process patent
  • Stikeman Elliott LLP
  • Canada
  • December 2 2010

On October 20, the Federal Court of Appeal put an end to the disparity in the jurisprudence surrounding whether a patentee could obtain a patent to a medicine subsequent to obtaining a patent to a process for producing the medicine by dismissing Bayer’s appeal in the case of Bayer Schering Pharma Aktiengesellschaft v. The Attorney General of Canada


Health Canada has released its statistical report for 2009 on the Patented Medicines (Notice of Compliance) Regulations and Data Protection provisions of the Food and Drug Regulations
  • Stikeman Elliott LLP
  • Canada
  • December 17 2010

Health Canada has released its statistical report for 2009 in respect of the administration of the Patented Medicines (Notice of Compliance) Regulations (the PM(NOC) Regulations) and data protection provisions of the Food and Drug Regulations


Conditions for a valid selection patent does not constitute an independent basis for attacking validity
  • Stikeman Elliott LLP
  • Canada
  • August 18 2010

Eli Lilly, the plaintiff in a patent infringement action, was successful in appealing a decision of the Federal Court which had found Eli Lilly’s Canadian Letters Patent No. 2,041,113 (the ‘113 Patent) relating to the medicine olanzapine (Zyprexa) invalid on the basis that it was not a proper selection patent