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Results: 1-10 of 46

CETA and Canadian IP law: Possible changes ahead?
  • Gowling WLG
  • Canada, European Union
  • March 3 2016

In 2013, an agreement in principle was reached between Canada and the European Union - theCanada-European Union Comprehensive Economic and Trade


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


Time for change? Potential impact of Canada’s trade negotiations on pharma patents
  • Gowling WLG
  • Canada
  • April 22 2013

Bringing a new drug to market is a costly and time-consuming endeavour. It is a process inherent with the risk of failure. In recognition of this


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