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Generics v Lundbeck - distinguishing the sufficiency requirements for product and process claims
  • Gowling WLG
  • United Kingdom
  • May 19 2008

In Generics v Lundbeck, the Court of Appeal provided important guidance on the judgment of the House of Lords in Biogen v Medeva regarding the scope of protection to which an inventor is entitled and the enabling disclosure the specification must provide to support the claims in the patent


Conflicting pharmaceutical trade marks
  • Gowling WLG
  • European Union
  • November 12 2008

The Court of First Instance (CFI) has upheld the opposition by Aventis Pharma SA (Aventis) against Nycomed GmbH's (Nycomed) application for the Community trade mark PRAZOL


Merck triumphs as new and inventive dosing regimen held patentable
  • Gowling WLG
  • United Kingdom
  • May 29 2008

Actavis sued to revoke Merck's patent with a second medical use claim (in the so-called 'Swiss form') for the use of finasteride in the preparation for a drug to treat androgenic alopecia with a lower dosage than disclosed in the prior art


Apotex v. Canada (Minister of Health)
  • Gowling WLG
  • Canada
  • May 28 2009

Apotex brought a judicial review of the Minister’s refusal to issue a NOC regarding its version of aspirin


Patent misuse in the pharmaceutical industry: developments in US & EU
  • Gowling WLG
  • European Union, USA
  • October 31 2007

The pharmaceutical industry has been scrutinised closely by competition authorities and courts in the US and Europe


Recent cases
  • Gowling WLG
  • Canada
  • August 1 2008

The Court of Appeal overturned the motions judge's decision striking the notice of appearance


Federal court affirms standing for innovative drug manufacturer
  • Gowling WLG
  • Canada
  • July 23 2014

What rights do innovative drug manufacturers have in situations where generics challenge certain Health Canada decisions but do not name the


Data protection: defining innovative drug in Canada
  • Gowling WLG
  • Canada
  • April 22 2013

Canada amended its Data Protection Regulations in 2006 to provide protection for innovative drugs in a second attempt to implement Canada's 1994


PMPRB issues discussion paper on options to address the Federal Court decision in LEO Pharma
  • Gowling WLG
  • Canada
  • February 6 2008

The Patented Medicine Prices Review Board (PMPRB) has issued a discussion paper outlining a series of options to address the implications of the Federal Court of Canada decision in the LEO Pharma case


Pfizer v. Apotex, PMNOC Regulations decision
  • Gowling WLG
  • Canada
  • May 21 2010

Apotex alleged in its NOA that Pfizer's patent was invalid for double patenting, anticipation, obviousness, lack of utility and over-breadth