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PMPRB Update: Supreme Court refuses to hear appeal from decision restricting Canada’s Patented Medicine Pricing Review Board’s drug price mandate

Canada - March 24 2022 On March 24, 2022, the Supreme Court of Canada denied the Attorney General’s application for leave to appeal the Federal Court of Appeal’s decision in…

Fiona Legere, Laura E. MacDonald

PMPRB Update: Major Aspects of Proposed Amendments Found Unconstitutional

Canada - February 25 2022 The Quebec Court of Appeal released this week a significant decision on the proposed amendments to the Patented Medicines Regulations (“PM…

Fiona Legere, Kendra Levasseur

Canadian Federal Court’s Notice of Experimental Testing is Inapplicable to Testing Conducted Prior to Litigation

Canada - April 23 2020 Federal Court of Appeal finds pre-litigation experimental testing is exempt from the Federal Court’s 2016 Notice re: Experimental Testing, even if…

James S. S. Holtom, Steven Tanner

Canadian patents claiming a formulation for a medicinal ingredient may be eligible for patent term extension

Canada - April 10 2020 In an April 7th ruling, Canada’s Federal Court required the Minister to re-determine its conclusion that a patent, which claims an antigen in…

Tracey Doyle

Canada’s Federal Court: expert opinions and legal arguments are not proper discovery in patent cases

Canada - April 9 2020 In this decision, “position questions” (seeking disclosure of expert opinions and legal arguments) were ruled improper discovery questions. The…

Tracey Doyle