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Results: 1-10 of 976

Pharma in brief - blinded expert evidence favoured: Court dismisses PM(NOC) application for ciclesonide
  • Norton Rose Fulbright Canada LLP
  • Canada
  • May 19 2015

Takeda Canada Inc. and Takeda GMBH (Takeda) brought an application under section 6 of the PM(NOC) Regulations for an order prohibiting


Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). As part


Court of Appeal raises issues of construction and medical treatment that should be considered by a higher court in future cases
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Both Bayer and Cobalt appealed from the Court’s judgment. Both appeals were addressed by the Court of Appeal in this decision. The Court of Appeal


Proactive pharma patent enforcement on Canadian drug combos
  • Bereskin & Parr LLP
  • Canada
  • May 14 2015

The Canadian Patented Medicine (Notice of Compliance) Regulations ("NOC Regulations") allow a patent owner to apply to Federal Court to keep a


Pharma in brief - SCC invited to revisit key patent issues: standard of review of claims construction and the patentability of methods of medical treatment
  • Norton Rose Fulbright Canada LLP
  • Canada
  • May 14 2015

Bayer Inc. (Bayer) distributes a combination oral contraceptive tablet under the brand name YAZ (drospirenone and ethinylestradiol


Federal Court of Appeal suggests need for Supreme Court to consider standard of review on claims construction and patentability of methods of medical treatment
  • Gowling Lafleur Henderson LLP
  • Canada
  • May 12 2015

The Federal Court of Appeal (FCA) in Cobalt v. Bayer has explicitly called into question two central principles of Canadian patent law: the standard


Pharma in brief Ontario Court of Appeal closes the door on generic manufacturer claim for unjust enrichment under section 8 of the PM(NOC) Regulations
  • Norton Rose Fulbright Canada LLP
  • Canada
  • May 11 2015

On May 5, 2015, the Court of Appeal for Ontario dismissed Apotex’s appeal from the Ontario Divisional Court, which struck out Apotex’s claim for


Supreme Court dismisses appeal from the bench in Sanofi-Aventis v. Apotex, Inc.
  • Bereskin & Parr LLP
  • Canada
  • May 8 2015

On April 21st, 2015, the Supreme Court of Canada dismissed from the bench an appeal from the Federal Court of Appeal decision inApotex Inc. v


Apotex denied claim for innovator's profits following PM(NOC) litigation
  • Gowling Lafleur Henderson LLP
  • Canada
  • May 7 2015

The ongoing quest by generic pharmaceutical companies for the disgorgement of innovator profits following litigation under the PM(NOC) Regulations


Speculation insufficient to establish indirect patent infringement in Canada
  • McCarthy Tétrault LLP
  • Canada
  • May 7 2015

The relevance of expert evidence in establishing indirect infringement of a pharmaceutical in Canada has been questioned. It is unclear what "facts"