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Results: 1-10 of 83

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


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


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


"Frozen register" concept renders Janssen's disclaimer irrelevant
  • Stikeman Elliott LLP
  • Canada
  • September 10 2010

This was a motion brought by Apotex pursuant to section 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations (Regulations) to dismiss Janssen’s prohibition application on the basis that it was “redundant, scandalous, frivolous, or vexatious or otherwise an abuse of process”


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


Supreme Court issues clear warning of need to respect the "patent bargain"
  • Stikeman Elliott LLP
  • Canada
  • November 12 2012

On Thursday, November 8, 2012, a unanimous Supreme Court of Canada issued a decision with significant implications for those wishing to obtain or enforce Canadian patent rights


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


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


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


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