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FC Bifurcates Infringement & Validity Issues from Section 8 PM(NOC) Proceeding in Hopes of Settlement
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • August 22 2016

It appears that Courts look to reduce duplicative pharmaceutical litigation in PM(NOC) proceedings and related patent infringement actions by looking


Biosimilars in Canada: at a tipping point
  • Osler Hoskin & Harcourt LLP
  • Canada
  • May 24 2016

Biosimilars, or highly similar versions of innovative biologic medicines, have now been approved and marketed in developed countries for several


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


Amgen’s cinacalcet application dismissed based on failure to meet selection patent criteria
  • Gowling WLG
  • Canada
  • November 19 2015

Justice Phelan has dismissed an application by Amgen to prohibit the Minister of Health from issuing a Notice of Compliance to Mylan for Amgen’s


Canadian Patent Appeal Board Upholds Claims to Non-exemplified Humanized Antibodies
  • Borden Ladner Gervais LLP
  • Canada
  • August 9 2016

In a rare and long-awaited piece of good news for antibody patent applications in Canada, the Patent Appeal Board ("the Board") recently allowed


Rx IP Update: 2015 Highlights
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • January 4 2016

In November 2014, Apotex discontinued its appeal to the Supreme Court of Canada (SCC) on the eve of the hearing of its appeal regarding the validity


Court grants motion to reopen trial and admit new evidence
  • Borden Ladner Gervais LLP
  • Canada
  • April 27 2011

The Federal Court granted leave to reopen the trial and admit new evidence in a matter under reserve, in which no reasons or judgement have issued


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


Bifurcation of Infringement and Validity Issues in Section 8 Action
  • Borden Ladner Gervais LLP
  • Canada
  • August 10 2016

This is a motion for bifurcation in an action brought pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations


Determining patentable subject matter in the United States and Canada
  • Bereskin & Parr LLP
  • Canada, USA
  • April 10 2012

As reported in our March 21, 2012, Spring Alert, the United States Supreme Court recently held in Prometheus v. Mayo that certain personalized medicine claims were directed to laws of nature and were thus unpatentable despite containing both an administering step and a determining step