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Defence Medical Expert Bias
  • Blaney McMurtry LLP
  • Canada
  • September 19 2016

Accusations are often exchanged between the plaintiff and defence personal injury bar that medical experts used by the other side are biased. This is


Blaneys Ontario Court of Appeal Summaries
  • Blaney McMurtry LLP
  • Canada
  • September 16 2016

There were only three substantive civil decisions released this week. The first, Williams v. Toronto (City) is a class action against the City for


Patent survives anticipation attack based on use in Phase III clinical trial
  • Gowling WLG
  • Canada
  • September 22 2016

On September 7, 2016, the Federal Court found that Apotex and Cobalt infringed three claims of Bayer’s Canadian Letters Patent No. 2,382,426.1 The


Health-care institutions: What is your responsibility when your are faced with a harassing and disruptive visitor?
  • Lavery de Billy LLP
  • Canada
  • September 13 2016

Last June 16, the Superior Court of Québec1 rendered a safeguard order in an injunction proceeding in favour of a health-care institution the


Dispute Resolution Insider - Fourth edition
  • Wolf Theiss
  • Austria, Bulgaria, Canada, European Union, Global, Poland, Slovenia
  • September 12 2016

Welcome to the 4th issue of the DR Insider, the quarterly Newsletter of the Wolf Theiss Dispute Resolution Practice Group. Given the ongoing lively


Threshold Motion and Chronic Pain: Arteaga v. Poirier, 2016 ONSC 3712
  • Miller Thomson LLP
  • Canada
  • September 22 2016

A recent case highlights the importance of having expert evidence a trials involving complaints of chronic pain. Justice DiTomaso concluded on the


Court of appeal upholds finding of infringement and only requires a "mere scintilla" of utility
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

The Federal Court of Appeal has dismissed Nova's appeal of an earlier finding that it had infringed Dow's patent relating to polyethylene used to make


Allegations Against Canadian Tenofovir Patent Found Unjustified (Again)
  • McCarthy Tétrault LLP
  • Canada
  • September 22 2016

Gilead’s Canadian Patent 2,261,619 (the “619 Patent”)the compound patent for tenofovir disoproxil fumarate (“TDF”)is no stranger to Canadian courts


CIALIS Patent Survives Validity Challenge on Appeal
  • McCarthy Tétrault LLP
  • Canada
  • May 19 2016

Last year we wrote about a trilogy of Federal Court decisions relating to Eli Lilly’s erectile dysfunction (ED) drug CIALIS (tadalafil). While Lilly


Claim For Section 8 Damages Struck But Novel Cause Of Action Survives In Ontario Suit Re: Viagra Patent
  • McCarthy Tétrault LLP
  • Canada
  • September 22 2016

In this decision (2016 ONSC 4966), the Ontario Court dismissed Apotex’s claim for damages under s. 8 of the NOC Regulations in the face of a motion to