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Results: 1-10 of 51

Federal Court of Appeal upholds denial of innovator profits and refuses to grant damages for future lost market share in first case under s. 8 of the PM(NOC) Regulations
  • Gowling WLG
  • Canada
  • June 5 2009

In September 2008, the Federal Court released its first decision interpreting s. 8 of the PM(NOC) Regulations


Eli Lilly v. Apotex
  • Gowling WLG
  • Canada
  • May 4 2009

The Court dismissed the application for prohibition on the basis that the allegations of anticipation, obviousness, claims broader and Gillette defence are justified


Eli Lilly v. Apotex
  • Gowling WLG
  • Canada
  • May 4 2009

In the underlying decision on the merits, the Federal Court dismissed the application on the basis that the allegation as to a lack of sound prediction because the patent lacks adequate disclosure was justified


Eli Lilly v. Novopharm
  • Gowling WLG
  • Canada
  • May 4 2009

The Court dismissed the proceeding, finding the allegation of non-infringement justified, as well as the allegation as to invalidity based on utility justified


Sanofi Aventis v. Apotex
  • Gowling WLG
  • Canada
  • May 4 2009

Two days after the completion of the evidentiary phase of a trial on the merits, Apotex brought a motion to admit approximately 3,000 pages of evidence consisting of affidavits sworn in other Federal Court proceedings, transcripts from U.S. depositions and file history information for certain Canadian and U.S. patents


Aventis v. Pharmascience; motion to set aside a previous order of prohibition; 2009 FC 915; ramipril; September 15, 2009
  • Gowling WLG
  • Canada
  • September 30 2009

Pharmascience had previously sent an Notice of Allegation (NOA) with respect to a patent to Aventis, resulting in a full hearing and appeal, concluding with an order of prohibition


Janssen-Ortho v. Apotex; motion for a stay; 2009 FCA 250; tramadol and acetaminophen; August 20, 2009
  • Gowling WLG
  • Canada
  • September 30 2009

In the Courts below, Apotex brought a motion to dismiss the application


Sanofi v. Hospira, merits of a 55.2 proceeding
  • Gowling WLG
  • Canada
  • December 3 2009

The Court refused to grant an Order of Prohibition against Hospira regarding its docetaxel product


Pfizer v. ratiopharm, motion to amended a previous judgment on the merits
  • Gowling WLG
  • Canada
  • December 3 2009

ratiopharm was successful in the proceeding under the NOC Regulations at the trial level, but the decision was overturned on appeal


Bayer Inc. v. Canada (Health), listing decision
  • Gowling WLG
  • Canada
  • December 3 2009

The Court dismissed a judicial review of the Minister’s decision refusing to list a formulation patent on the Patent Register