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Results: 1-10 of 1,109

A finding of a settlement agreement is overturned because counsel did not have the authority to bind his client
  • Borden Ladner Gervais LLP
  • Canada
  • May 25 2016

The Federal Court of Appeal has overturned the earlier finding that Allergan and Apotex had settled their patent infringement litigation (2015 FC


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


Obviousness double patenting in Canada not so obvious
  • SIM. IP Practice
  • Canada
  • May 16 2016

The recent decision of the Federal Court of Appeal in Mylan Pharmaceuticals ULC v. Eli Lilly Canada Inc. et al.,2016 FCA 119 ("Mylan"), highlights


Recent Ruling Regresses the Federal Court’s Stance on Expert “Blinding” in Canadian Patent Cases
  • McCarthy Tétrault LLP
  • Canada
  • May 16 2016

A recent decision of the Federal Court in Allergan Inc. v. Apotex Inc. et al. (2016 FC 344), relating to the drug Gatifloxacin, appears to have


Federal Court of Appeal clarifies test for double-patenting
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • May 12 2016

On April 20, 2016, the Federal Court of Appeal issued its decision in Mylan Pharmaceuticals ULC v Eli Lilly Canada Inc, 2016 FCA 119, a case relating


Supreme Court May Open Door to Consumer Class Actions on Invalid Patents
  • Dimock Stratton LLP
  • Canada
  • May 6 2016

The legal battleground in the pharmaceutical industry in Canada has traditionally been fought between brand and generic manufacturers. However, Low v


The Federal Court of Appeal determines the incorrect date to assess obviousness-type double patenting, but leaves the determination of the correct date for another day
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2016

The Federal Court of Appeal has upheld an earlier decision (2015 FC 17) prohibiting Mylan from obtaining its Notice of Compliance until after the


Eli Lilly’s Cialis patent withstands double patenting and utility challenges on appeal
  • Gowling WLG
  • Canada
  • April 26 2016

The Federal Court of Appeal has provided guidance on the law of obviousness-type double patenting in dismissing Mylan’s appeal pertaining to Eli


The SCC Monitor (19042016)
  • McCarthy Tétrault LLP
  • Canada
  • April 19 2016

The SCC recently granted leave to appeal from the judgment of the B.C. Court of Appeal in Douez v. Facebook (“Douez”), which likely garnered


Supreme Court Leaves to Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

The Supreme Court has dismissed Pfizer's leave to appeal in Pfizer Canada Inc., et al. v. Teva Canada Limited (36772). The Supreme Court has provided