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Results: 1-10 of 46

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


Merck-Frosst-Schering Pharma GP v. Canada (Health) (2010 FC 933)
  • Gowling WLG
  • Canada
  • October 27 2010

Merck-Frosst (“Merck”) applied for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for its generic version of Ezetimibe


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


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


Be warned: online forum selection clauses may oblige you to litigate abroad
  • Gowling WLG
  • Canada
  • June 30 2015

The decision in Douez v. Facebook, Inc., provides some comfort to online businesses that rely upon forum selection clauses in their online contracts


Janssen-Ortho v. Apotex, recusal by the judge, levofloxacin, June 14, 2010; motion to dismiss granted, levofloxacin, June 29, 2010
  • Gowling WLG
  • Canada
  • July 16 2010

In a PMNOC case, Justice Shore granted an order of prohibition against Apotex in respect of its levofloxacin until patent expiry


Pfizer v Ratiopharm, PMNOC Regulations decision, sildenafil citrate, June 8, 2010
  • Gowling WLG
  • Canada
  • July 16 2010

The Court dismissed an application for an order of prohibition under the PMNOC Regulations, wherein ratiopharm sought a generic version of the drug Revatio containing sildenafil citrate (the active ingredient in Viagra) until after the expiry of a Pfizer patent


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


AstraZeneca v Novopharm, motion to adduce video-recordings of cross-examinations of expert witnesses in a PMNOC Regulations case
  • Gowling WLG
  • Canada
  • May 21 2010

AstraZeneca brought a motion seeking an order that video-recordings of cross-examinations of expert witnesses in the proceedings be filed as part of the Application Record and available at the hearing


Novopharm v. Eli Lilly, appeals of decisions of the Case Management Prothonotary
  • Gowling WLG
  • Canada
  • May 21 2010

Eli Lilly appealed two interlocutory decisions made by the Case Management Prothonotary