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Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration
  • Aird & Berlis LLP | Aird & McBurney LP
  • Canada
  • March 20 2017

The NAFTA Arbitration Tribunal in the Eli Lilly "Promise of the Patent" doctrine proceeding has issued a ruling, and it appears that the result is


Tribunal Decides in Favour of Canada in NAFTA Arbitration Suit
  • Bereskin & Parr LLP
  • Canada
  • March 21 2017

The Government of Canada has prevailed in its NAFTA arbitration suit with Eli Lilly and Company “Lilly”. Lilly sued the sued the government as a


CIALIS Patent Survives Validity Challenge on Appeal
  • McCarthy Tétrault LLP
  • Canada
  • May 19 2016

Last year we wrote about a trilogy of Federal Court decisions relating to Eli Lilly’s erectile dysfunction (ED) drug CIALIS (tadalafil). While Lilly


The Requirement of Causation in an Accounting of Profits - Federal Court of Appeal rules on Availability of Non-Infringing Alternatives and Apportionment of Non-Infringing Services
  • Bereskin & Parr LLP
  • Canada
  • March 16 2017

In a recent patent Accounting of profits decision of the Federal Court of Appeal in Apotex Inc v ADIR, 2017 FCA 23, the Court emphasized that the


Competitionantitrust law
  • Dentons
  • United Kingdom, USA, Australia, Canada, China, European Union, Germany, OECD
  • February 9 2017

In the wake of the 2016 elections, we now await the decision as to who will be the "antitrust guard" at the top of the US Department


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


Dentons' pick of global regulatory trends to watch in 2017
  • Dentons
  • Australia, Canada, China, European Union, Germany, Mexico, OECD, United Kingdom, USA
  • February 9 2017

Dentons’ team of regulatory lawyers from key jurisdictions around the world weigh in on regulatory trends to watch in 2017 in the US, Europe, the UK


Federal Court Grants Prohibition Order on Generic Psoriasis-treating Ointment
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • March 14 2017

The Federal Court (“FC”) heard an application by Leo Pharma Inc. (“Leo”) to prohibit Teva Canada Inc. (“Teva”) from being issued a Notice of


Summary Judgment Motion in S. 8 Case Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2017

In this case, Abbott and Takeda brought a summary judgment motion as against Apotex, to dismiss the s. 8 proceeding in its entirety. As a preliminary


Patent law: 2016 year in review
  • Gowling WLG
  • Canada
  • February 15 2017

This article summarises noteworthy Canadian patent law decisions and developments from 2016. A wide variety of patent law issues were litigated and