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Government seeks feedback on new drug safety initiatives
  • Stikeman Elliott LLP
  • Canada
  • May 6 2015

As previously reported, the Food and Drugs Act (the Act) has been substantively amended by Bill C-17, also known as Vanessa's Law; the Bill received


Bill C-17 (Vanessa’s Law) receives third reading
  • Stikeman Elliott LLP
  • Canada
  • October 24 2014

Bill C-17, An Act to Amend the Foods and Drugs Act (Vanessa's Law) has proceeded through the committee process without amendment and was read for a


Health Canada releases guidance on “danger to human health or safety” posed by consumer products
  • Stikeman Elliott LLP
  • Canada
  • December 20 2013

Health Canada has released a guidance document on factors it will consider when determining whether a consumer product poses a "danger to human


Continuation of the "first to file" rule in Québec?
  • Stikeman Elliott LLP
  • Canada
  • September 14 2012

A recent decision from the Québec Superior Court has stated that the “first to file” rule continues to dictate the carriage of class actions within that province (except when it is obvious that the best interests of the putative class members are not the counsel’s priority), until such time as the Québec Court of Appeal changes the status quo


Court of Appeal clarifies - for utility the promise of the patent must be "clear and unambiguous"
  • Stikeman Elliott LLP
  • Canada
  • August 21 2013

On July 24, 2013, the Federal Court of Appeal (FCA) issued its decision in Apotex Inc. v. Sanofi-Aventis, overturning a Federal Court decision


B.C. Court dismisses proposed class action against generic manufacturers of fentanyl patch
  • Stikeman Elliott LLP
  • Canada
  • July 8 2014

On June 20, 2014, Justice Bracken of the British Columbia Supreme Court dismissed a proposed class action against two generic manufacturers of


Akzo Nobel fined $3.15 million for price fixing
  • Stikeman Elliott LLP
  • Canada
  • November 24 2008

Canada's Competition Bureau announced on November 21, 2008 that Akzo Nobel Chemicals International BV had pled guilty to criminal charges for fixing the price of hydrogen peroxide sold in Canada between 1998 and 2001, and agreed to pay a C$3


Federal Court confirms decision to withhold designating notice of allegation as a confidential document
  • Stikeman Elliott LLP
  • Canada
  • July 8 2010

Even though generic pharmaceutical companies invest significant time and funds into the preparation of notices of allegations (“NOA”s), the Federal Court has confirmed that such documents should remain available to the public and not be designated as confidential information under the terms of a protective order


Double patenting issue must be considered at time of hearing of application under the PM(NOC) regulations
  • Stikeman Elliott LLP
  • Canada
  • July 8 2010

The Federal Court of Appeal rendered a decision that will have important implications on the litigation strategy of pharmaceutical companies


Supreme Court of Canada finds patented medicine prices review board has jurisdiction over price of thalomid in Canada
  • Stikeman Elliott LLP
  • Canada
  • January 25 2011

The Supreme Court of Canada released a decision on January 20, 2011 in Celgene Corp. v. Canada (Attorney General), 2011 SCC 1 that may have a chilling effect on the availability of medicines under Health Canada’s Special Access Program (SAP