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Results: 1-10 of 1,251

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


Supreme Court of Canada hears important appeal regarding the “promise doctrine"
  • Marks & Clerk
  • Canada
  • November 23 2016

The Supreme Court of Canada heard oral arguments on November 8, 2016 in an important appeal challenging the “promise of the patent” utility doctrine


Federal Court opines on precedential value of prior PM(NOC) proceedings and scope of experimental use exception to public disclosure
  • Stikeman Elliott LLP
  • Canada
  • November 24 2016

The Federal Court’s decision inthe consolidated proceedings of Bayer Inc. v Cobalt Pharmaceuticals Company offers useful guidance as to the


Claims under the statutes of monopolies and the "basket clause" struck in section 8 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court. In the


FCA Clarifies Test for Obviousness-Type Double-Patenting
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • October 21 2016

Patent owners applying for a new patent should be prepared to identify a degree of inventiveness from their previous patents, even those published


Complex proceedings may justify an award at the high end of Column IV, but not a further increase
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

Hospira brought a motion seeking directions concerning the assessment of its costs in the underlying proceeding. The Court agreed with the parties


Leave to appeal dismissed where, inter alia, "conflicting" decisions regarding the issues in play were not from Ontario
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex


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


Date for Double-Patenting Analysis Remains An “Open Question”: Federal Court of Appeal
  • McCarthy Tétrault LLP
  • Canada
  • November 17 2016

In the latest installment of the CIALIS (tadalafil) PM(NOC) saga, Apotex Inc. asked the Federal Court of Appeal to depart from a recent judgment by a