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Results:1-10 of 178

The skinny on skinny labels
  • Gowling WLG
  • Canada
  • December 20 2017

In a recent decision of Federal Court (Bristol-Myers Squibb Canada v Apotex Inc., 2017 FC 1061), Justice Lafrenière dismissed the prohibition


What the Supreme Court of Canada was not told about patent utility
  • Gowling WLG
  • Canada
  • May 11 2017

On November 8, 2016 the Supreme Court of Canada (“SCC”) heard an appeal by Astrazeneca regarding the validity of a patent covering its NEXIUM product


Challenge to patentee’s right to elect between damages and accounting of profits rejected
  • Gowling WLG
  • Canada
  • January 11 2017

In Canada, it has long been the case that a successful patentee may elect between the statutory remedy of damages and, subject to the court’s


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


Portions of Apotex’s requested relief for being kept off the Viagra market struck
  • Gowling WLG
  • Canada
  • August 25 2016

In an Aug. 8, 2016 Ontario Superior Court of Justice decision Lederman J. ruled on a motion brought by the defendant Pfizer seeking to strike claims


Patent law: 2015 year in review
  • Gowling WLG
  • Canada
  • April 6 2016

A successful patentee in a patent infringement action is entitled to monetary compensation in relation to acts of infringement. In this regard, the


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 deviates from established tests for patent listing Gilead Sciences, Inc. v. Canada (Health)
  • Gowling WLG
  • Canada
  • March 22 2016

In the decision summarized below, Apotex successfully obtained a dismissal of Gilead's application for a prohibition order in respect of Canadian


Canadian patent law: 2015 year in review
  • Gowling WLG
  • Canada
  • January 13 2016

A successful patentee in a patent infringement action is entitled to monetary compensation in relation to the acts of infringement. In this regard


Federal court issues first biologics decision under PM(NOC) Regulations
  • Gowling WLG
  • Canada
  • November 17 2015

Amgen Canada Inc v Apotex Inc(2015 FC 1261) is the first decision of the Federal Court under the Patented Medicines (Notice of Compliance)