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Results: 1-10 of 1,172

Patent survives anticipation attack based on use in Phase III clinical trial
  • Gowling WLG
  • Canada
  • September 22 2016

On September 7, 2016, the Federal Court found that Apotex and Cobalt infringed three claims of Bayer’s Canadian Letters Patent No. 2,382,426.1 The


Court of appeal upholds finding of infringement and only requires a "mere scintilla" of utility
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

The Federal Court of Appeal has dismissed Nova's appeal of an earlier finding that it had infringed Dow's patent relating to polyethylene used to make


Allegations Against Canadian Tenofovir Patent Found Unjustified (Again)
  • McCarthy Tétrault LLP
  • Canada
  • September 22 2016

Gilead’s Canadian Patent 2,261,619 (the “619 Patent”)the compound patent for tenofovir disoproxil fumarate (“TDF”)is no stranger to Canadian courts


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


Claim For Section 8 Damages Struck But Novel Cause Of Action Survives In Ontario Suit Re: Viagra Patent
  • McCarthy Tétrault LLP
  • Canada
  • September 22 2016

In this decision (2016 ONSC 4966), the Ontario Court dismissed Apotex’s claim for damages under s. 8 of the NOC Regulations in the face of a motion to


Court of Appeal upholds construction of the promise distinguishing between the compounds and use claims
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

The Federal Court of Appeal dismissed an appeal from a decision prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for


Trial judge acknowledges stare decisis and comity in relation to findings from the previous NOC proceedings
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

This was a patent infringement action against Apotex and Cobalt, relating to a combination of drospirenone and ethinylestradiol for an effective oral


International Trade Compliance Update - September 2016
  • Baker & McKenzie
  • Australia, Canada, European Union, United Kingdom, USA
  • September 7 2016

On 19 August 2016, the Russian Federation notified the WTO that it intends to initiate negotiations pursuant to Paragraph 1143 of the Working Party


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


Evolution of the Common General Knowledge: Humanized Antibody Claims Upheld at the Canadian Patent Appeal Board
  • Bereskin & Parr LLP
  • Canada
  • August 26 2016

Applicants prevailed in the recent Commissioner’s Decision Re Chugai Seiyaku and Kabushiki Kaisha (CD 1398, hereinafter “Kaisha”) 1 from the Patent