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Results:1-10 of 107

Federal Court of Appeal grants minister of health the right to be wrong
  • Gowling WLG
  • Canada
  • November 30 2016

In an October 12 2016 decision (Teva Canada Limited v Pfizer Canada Inc, 2016 FCA 248) the Federal Court of Appeal upheld two decisions of the


Applications for leave to appeal granted - 18 August 2016
  • Gowling WLG
  • Canada
  • August 18 2016

The applicant (“Teva”) is a large manufacturer of generic pharmaceuticals. Teva and the respondent banks fell victim to a fraudulent scheme


What “other products”? Federal Court orders generic to particularize damages claim
  • Gowling WLG
  • Canada
  • May 25 2016

Unlike other actions, fulsome particulars of generic pharmaceutical damages claims (under section 8 of the Patented Medicines (Notice of Compliance)


The final word on the claim for innovator profits following PM(NOC) litigation?
  • Gowling WLG
  • Canada
  • March 31 2016

Generic pharmaceutical companies have long sought the disgorgement of innovator profits following litigation under the Patented Medicines (Notice of


Federal Court of Appeal finds that PMPRB extends to generics
  • Gowling WLG
  • Canada
  • November 17 2015

On Nov. 6, 2015, the Federal Court of Appeal issued a rare decision relating to Canada’s pricing control regime for patented medicines administered by


Federal court affirms standing for innovative drug manufacturer
  • Gowling WLG
  • Canada
  • July 23 2014

What rights do innovative drug manufacturers have in situations where generics challenge certain Health Canada decisions but do not name the


“Plain and obvious” that innovators’ profits are not available to generics in Ontario
  • Gowling WLG
  • Canada
  • September 26 2013

On September 12, 2013, the Ontario Court of Appeal upheld the Superior Court's dismissal of Apotex's claim for disgorgement of Takeda's and


Northern exposure?
  • Gowling WLG
  • Canada
  • June 19 2013

In comparison to the United States, there has been little antitrust enforcement activity in the Canadian pharmaceutical industry. However, a recently


An end to generic claims for innovator profits?
  • Gowling WLG
  • Canada
  • April 22 2013

Until January 2013, the law of generic claims under section 8 of the Patent Medicines (Notice of Compliance) Regulations (the "NOC Regulations")


A balancing act: innovation and the regulatory-approval exemption
  • Gowling WLG
  • Canada
  • April 22 2013

In the pharmaceutical sector, patent systems are concerned with balancing the interests of innovator drug companies, the public and generic