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Results: 1-10 of 56

Epicept v. Minister of Health; interlocutory motion for confidentiality; histamine
  • Gowling WLG
  • Canada
  • February 12 2010

Epicept has filed for a judicial review of the Minister's decision that its histamine dihydrochloride product is not an innovative drug and is thus not eligible for listing on the register of innovative drugs


Janssen-Ortho v. Novopharm; merits of 55.2 proceeding; methylphenidate
  • Gowling WLG
  • Canada
  • February 12 2010

The only issue in this proceeding was an allegation of non-infringement and the application for prohibition was dismissed


Recent cases
  • Gowling WLG
  • Canada
  • August 21 2009

The Court granted an order of prohibition to Purdue in the face of Pharmascience’s allegations that the patent was invalid


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


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


Court injects "duty of candour" requirements for patent agents
  • Gowling WLG
  • Canada
  • November 24 2009

In a recent decision pursuant to the NOC Regulations, the Federal Court considered s. 73(1) of the Patent Act, and held that there is a duty for patent agents to reply in good faith and make full and frank disclosure to the patent examiner


Johnson & Johnson v. Boston Scientific
  • Gowling WLG
  • Canada
  • May 28 2009

Johnson & Johnson (J&J) had sued Boston Scientific (Boston) for patent infringement


Pharmacommunications Holdings v. Avencia International
  • Gowling WLG
  • Canada
  • May 28 2009

The Court of Appeal upheld a trial judge’s decision dismissing an application in a suit regarding statutory passing-off