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Results: 1-10 of 60

Federal Court opines on precedential value of prior PM(NOC) proceedings and scope of experimental use exception to public disclosure
  • Stikeman Elliott LLP
  • Canada
  • November 24 2016

The Federal Court’s decision inthe consolidated proceedings of Bayer Inc. v Cobalt Pharmaceuticals Company offers useful guidance as to the


Supreme Court of Canada affirms constitutionality of provincial breathalyzer laws
  • Stikeman Elliott LLP
  • Canada
  • October 22 2015

The Supreme Court released its decision on October 16, 2015 in the case of Goodwin v. British Columbia (Superintendent of Motor Vehicles) dealing


British Columbia Court of Appeal overturns certification of pharmaceutical class action
  • Stikeman Elliott LLP
  • Canada
  • February 20 2015

In a decision released January 22, 2015, the B.C. Court of Appeal unanimously overturned an order certifying a class proceeding against the


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


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


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


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


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 for Ontario clarifies the duty of care test for cases of regulatory negligence
  • Stikeman Elliott LLP
  • Canada
  • July 17 2012

In the recent decision in Taylor v. Canada (Attorney General), the Court of Appeal for Ontario addressed the requirements for a plaintiff to establish sufficient proximity between the plaintiff and the defendant in a claim brought against a governmental body for regulatory negligence


Ontario Superior Court of Justice releases class action trial decision
  • Stikeman Elliott LLP
  • Canada
  • June 29 2012

After hearing 138 days of evidence, allowing for 4 months of written submissions and approximately 8 days of oral closing submissions in a trial of the common issues in Andersen v. St. Jude Medical Inc., a class action brought on behalf of a class of persons implanted with allegedly defective heart valves, Justice Lax of the Ontario Superior Court of Justice, on Tuesday, released a 222 page decision dismissing the action