We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 1,359

Evidence for establishing sound prediction and the use of trial and error experimentation to establish an enabling disclosure
  • Gowling WLG
  • Canada
  • March 30 2017

The Federal Court of Appeal’s (FCA) recent decision in Teva v. Leo Pharma addresses important issues related to the doctrines of sound prediction


Federal Court of Appeal dismisses appeal for one of the biggest costs awards ever
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • March 28 2017

This appeal is a dismissal of one of the largest costs awards in patent cases. The decision illustrates that patent infringement litigation is


Court overturns C$125 million damages award based on extent of inadmissible hearsay evidence relied on by judge
  • Dentons
  • Canada
  • March 28 2017

In May 2016 the Federal Court of Appeal overturned a judgment for C$125 million in damages and sent the case back to the trial judge for


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


Drug testing in Canadian patent suit not permitted to be used in foreign litigation
  • McCarthy Tétrault LLP
  • Canada
  • March 27 2017

In a rare case where drug samples were given under consent in an NOC proceeding Novartis sought, but was denied, to use these samples in a related


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


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


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