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Results: 1-10 of 90

Ceplene not an "innovative drug" under the data protection provisions of the food and drug regulations
  • Stikeman Elliott LLP
  • Canada
  • November 2 2010

The Federal Court recently dismissed Epicept Corporation’s (Epicept) application for judicial review of a decision of the Minister of Health (the Minister


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


Federal Court of Appeal refuses to set aside prohibition order even though untrue material allegations had been made in the invalid patent at issue
  • Stikeman Elliott LLP
  • Canada
  • July 15 2011

A recent decision of the Federal Court of Appeal represents a blow to generic pharmaceutical companies in their quest to seek compensation for the period of time that they were precluded from entering the market with a generic version of a drug as a result of an invalid patent and lengthy proceedings under the Patented Medicines (Notice of Compliance) Regulations (NOC Regulations


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


Competition Bureau reaches agreement in TevaRatiopharm merger
  • Stikeman Elliott LLP
  • Canada
  • August 25 2010

On July 30, 2010, the Competition Bureau (Bureau) announced that it had reached a consent agreement with Teva Pharmaceuticals Industries Ltd. (Teva) and the Merckle Group, carrying on business as ratiopharm, requiring the divestiture of assets and associated licenses in relation to certain forms of acetaminophen oxycodone tablets and morphine sulfate sustained release tablets


Eli Lilly patent for atomoxetine for use in treating ADHD invalid for lack of utility
  • Stikeman Elliott LLP
  • Canada
  • October 19 2010

Novopharm Limited (now known as Teva Canada Limited but hereafter referred to as Novopharm) sought a declaration under s. 60(1) of the Patent Act, R.S.C. 1985, c. P-4 that Eli Lilly and Company’s (Lilly’s) Canadian Patent No. 2,209,735 (the ‘735 Patent) was invalid and void


Federal Court prevents Minister of Health from allowing sale of generic version of immunosuppressive drug MMF
  • Stikeman Elliott LLP
  • Canada
  • August 24 2011

In an application pursuant to the Patented Medicines (Notice of Compliance) Regulations, Hoffman-La Roche sought an order preventing the Minister of Health from issuing a notice of compliance to Apotex for the drug mycophenolate mofetil (MMF), an immunosuppressive drug used primarily in organ transplants, until after the expiry of Canadian Patent No. 1,333,285


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


Health Canada Releases Annual Compliance and Enforcement Report for Fiscal Year 2015-2016
  • Stikeman Elliott LLP
  • Canada, USA
  • November 2 2016

In October 2016, the Consumer Product Safety Program (CPSP), a division of Health Canada, released its annual Compliance and Enforcement Report for


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