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Smart & Biggar | Canada | 28 Sep 2020
Amended PM(NOC) Regulations: Third Anniversary Update
September 21, 2020 marked the third anniversary of the coming into force of the amended Patented Medicines (Notice of Compliance) Regulations…
Blaney McMurtry LLP | Canada | 21 Sep 2020
Eric's LTD Update - Fall 2020
The plaintiff (“K”) had worked as a Project Leader at Apotex and received LTD benefits for just over 1 year based on major depressive disorder. K…
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 15 Sep 2020
Modernization of the Orange Book
In a previous post, we discussed FDA’s Request for Comments on “Listing of Patent Information in the Orange Book” in online public Docket…
Osler Hoskin & Harcourt LLP | Canada | 11 Sep 2020
Federal Court invalidates tadalafil dosage patent finding dose selection to be routine
On August 6, 2020, the Federal Court issued its decision in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, invalidating Eli Lilly’s…
Clayton Utz | Australia, Switzerland | 23 Jul 2020
Full Federal Court shines light on infringement of Swiss style claims
The Full Federal Court has clarified the law regarding the enforcement of Swiss claims in Australia. Whether a Swiss claim has been infringed depends…
Smart & Biggar | Canada | 29 May 2020
Supreme Court of Canada Leave Applications - May 2020
As previously reported, the Federal Court of Appeal (FCA) dismissed Pfizer’s appeal from a decision granting Pharmascience’s motion for a summary…
Smart & Biggar | Canada | 29 May 2020
Federal Court of Appeal sets aside Order for common trial across multiple actions under PMNOC Regulations
An interesting procedural question under the amended Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) is the extent to which…
Smart & Biggar | Canada | 20 May 2020
First decision under amended PMNOC Regulations: Federal Court finds Amgen's filgrastim patent obvious
The Federal Court recently issued the first decision under the amended Patented Medicines (Notice of Compliance) Regulations. In the decision, Pfizer…
Davies Collison Cave | Australia | 5 May 2020
Australian Government’s claim to recoup Plavix PBS losses unsuccessful
The Federal Court of Australia has rejected the Australian Government’s claim for $325 million in damages from Sanofi. The claim was made under a…
Shelston IP Pty Ltd | Australia | 5 May 2020
Federal Court dismisses first Commonwealth damages claim against an unsuccessful pharmaceutical patentee
In an unprecedented decision, the Federal Court of Australia has considered and dismissed a claim by the Commonwealth Government for compensation…
