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Results: 1-10 of 8,006

Federal Court of Appeal dismisses Teva’s appeal relating to utility and sufficiency
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • March 27 2017

On March 14, 2017, the Federal Court of Appeal (FCA) dismissed Teva’s appeal of Locke J.’s Order prohibiting the Minister of Health from issuing a


Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • March 27 2017

On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories


Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • March 27 2017

As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages


Damages for pharmaceutical patent infringement: Federal Court gives long awaited guidance
  • Herbert Smith Freehills LLP
  • Australia
  • March 27 2017

Last week, the Federal Court handed down the important decision in Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd 2017 FCA 2501 regarding


Federal Circuit Opinion Astrazeneca v. Apotex Cites Patent Damages Treatise
  • Fish & Richardson PC
  • USA
  • March 24 2017

The Federal Circuit once again cited Patent Damages Law and Practice as a leading commentary. The comprehensive treatise was coauthored by Chris


Pending Bill Would Deliver More Judicial Scrutiny to USPTO and FDA Rules
  • Marshall Gerstein & Borun LLP
  • USA
  • March 24 2017

The House of Representatives recently sent to the Senate its bill (H.R.5) that combines six previous regulatory reform bills, including, as Title II


Fighting Fungi: When Comparative Evidence Is A Must
  • Wolf Greenfield & Sacks PC
  • USA
  • March 22 2017

It is well established that objective evidence of nonobviousness (e.g., commercial success, long-felt but unresolved needs, unexpected results, etc


Prohibition Order Upheld, Appeal re Sound Prediction and Sufficiency Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • March 22 2017

Teva appealed a decision of the Federal Court ("FC") granting Leo a prohibition order in respect of their psoriasis drug (Decision here; our summary


A Mixed Bag for Kyle Bass: Three Wins and Eight Losses at the PTAB
  • Fish & Richardson PC
  • USA
  • March 22 2017

Over the past two years, hedge fund manager Kyle Bass has continued his efforts to invalidate biopharma patents through inter partes review (“IPR”


Landmark damages decision sets new benchmark for patent infringement claims against generic companies
  • Clayton Utz
  • Australia
  • March 21 2017

The first detailed damages decision in a long time in Australia in a patent infringement claim against a generic pharmaceutical company has set a new