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Results: 1-10 of 46

Astrazeneca v. Apotex, interlocutory motion to strike affidavit in PMNOC Regulations case
  • Gowling WLG
  • Canada
  • May 21 2010

This was an appeal to the Federal Court of Appeal (FCA) of the decision of Justice Hughes refusing to strike an affidavit from the record


Eli Lilly Canada Inc. v. Apotex Inc (2010 FCA 240)
  • Gowling WLG
  • Canada
  • October 27 2010

This was an appeal of the decision of Madame Justice Gauthier (in the Federal Court) who had found that although Lilly met its burden to prove that Apotex infringed eight Lilly process patents related to the manufacture of the antibiotic cefaclor for material imported before June 3, 1998, Lilly failed to do so for the cefaclor imported into Canada after June 3, 1998


Novopharm Limited v. Eli Lilly and Company (2010 FC 915)
  • Gowling WLG
  • Canada
  • October 27 2010

An impeachment action was brought by Novopharm in respect of a patent for STRATTERA alleging obviousness, anticipation, utility and improper selection


Astrazeneca v. Apotex, PMNOC Regulations decision, esomeprazole, June 30, 2010
  • Gowling WLG
  • Canada
  • July 16 2010

The court dismissed AstraZeneca's application AstraZeneca for an order prohibiting the issuance of a Notice of Compliance ("NOC") to Apotex on the grounds that the allegation of invalidity was justified insofar as the assertions of lack of utilitysound prediction and obviousness, but not justified regarding an assertion of anticipation


Novopharm v Pfizer, motion for interim relief pending appeal, pregabalin, October 5, 2010
  • Gowling WLG
  • Canada
  • November 24 2010

See the earlier decisions in this case in the May 2010 and July 2010 editions of this newsletter


Merck v Apotex, PMNOC proceedings, dorzolamide and timolol, October 22, 2010
  • Gowling WLG
  • Canada
  • November 24 2010

Merck’s patent in this case (the ‘965 patent) covered the co-administration and co-formulation of dorzolamide and timolol (which was sold as COSOPT


Hospira v Eli Lilly, appeal of order for further and better production of documents, gemcitabine, October 26, 2010
  • Gowling WLG
  • Canada
  • November 24 2010

Eli Lilly alleged that gemcitabine made in China and imported into Canada by Hospira infringes Eli Lilly's patent for an intermediate process step in the manufacture of gemcitabine


Merck v Apotex, PMNOC proceedings, dorzolamide, October 22, 2010
  • Gowling WLG
  • Canada
  • November 24 2010

This proceeding for an order of prohibition was a companion case to the case described below


Cojocaru v. British Columbia Women’s Hospital: Trial judges must show independent thought or risk being over turned
  • Gowling WLG
  • Canada
  • June 8 2011

The British Columbia Court of Appeal rejected a trial decision because the decision below did not appear to be the result of independent and impartial analysis: In Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital and Health Center (2011 BCCA 192), a majority of the British Columbia Court of Appeal ordered a new trial where the judgment of the trial judge consisted of an excessive verbatim re-counting of the successful party’s written submissions


Purdue Pharma v Minister of Health, judicial review of decision of Office of Patented Medicines and Lliaison (“OPML”), TARGIN, July 8, 2010
  • Gowling WLG
  • Canada
  • August 26 2010

Purdue filed a New Drug Submission ("NDS") as part of its application for a notice of compliance ("NOC") to market and sell the drug TARGIN in Canada