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Smart & Biggar | Canada | 15 May 2019

Supreme Court denies Apotex leave to appeal decision regarding India facilities

In 2018 the Federal Court of Appeal dismissed Apotex's appeal of a judicial review decision of the Therapeutic Products Directorate (TPD), finding


Davies Collison Cave | Australia | 12 Apr 2019

Amending overseas patents? Then consider amending in Australia: Lessons from Neurim Pharmaceuticals v Generic Partners

In the case of Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 2), Neurim (the patentee) was successful against Generic Partners and


WeirFoulds LLP | Canada | 6 Feb 2019

A Refresher on Discoverability Principles

Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the


McCarthy Tétrault LLP | Canada | 23 Dec 2018

Federal Court of Appeal Clarifies Key Damages Concepts

Late last month, the Federal Court of Appeal released its long-awaited decision in Apotex Inc. v. Eli Lilly and Co., 2018 FCA 217. In the underlying


Smart & Biggar | Canada | 31 Oct 2018

Apotex not permitted to plead promise-based invalidity grounds in Ontario section 8 lansoprazole action

This motion arose in the context of a section 8 action in which Apotex claims damages for delay in the issuance of its notice of compliance for its


The Commercial Bar Association of Victoria | Australia | 4 Sep 2018

Mistake in pharmaceutical patent wording a hard pill to swallow

Pain is, well, a pain. One medication commonly used to relieve and manage pain and fever is paracetamol. Paracetamol is safe in low doses, but at high


Rothwell, Figg, Ernst & Manbeck, PC | USA | 30 Aug 2018

Third Time’s a Charm? Amgen Files Another BPCIA Lawsuit Against Apotex

Earlier this month, Amgen initiated suit against Apotex in the Middle District of Florida, alleging infringement of U.S. Patent No. 9,856,287 (“the


Smart & Biggar | Canada | 29 Aug 2018

Federal Court of Appeal dismisses Apotex’s appeal in judicial review of Health Canada decision seeking further information from facilities in India

As previously reported, the Federal Court dismissed Apotex's application for judicial review of the decision of the Therapeutic Products Directorate


Paul Hastings LLP | USA | 24 Aug 2018

Amgen Pursues Third BPCIA Lawsuit on Newly Issued Patent

On August 7, 2018, Amgen and Amgen Manufacturing Limited (collectively, “Amgen”) sued Apotex Inc. and Apotex Corp. (collectively, “Apotex”) in a third


Patterson Belknap Webb & Tyler LLP | USA | 8 Aug 2018

Amgen Brings Third BPCIA Lawsuit Against Apotex After Losing Two Others

Amgen has sued Apotex in connection with Apotex’s efforts to market biosimilar versions of Amgen’s cancer drugs Neupogen (filgrastim) and Neulasta

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