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Smart & Biggar | Canada | 1 Feb 2023

Federal Court rejects pre-trial determination of question of law about nature of section 8 but-for world

Dr. Reddy's seeks damages from Janssen pursuant to the amended section 8 of the Patented Medicines (Notice of Compliance) Regulations for its lost sales of abiraterone acetate. Justice Southcott recently decided three previous motions in section 8 actions relating to abiraterone acetate. In this fourth motion, Dr. Reddy's requested the Federal Court's determination of a question of law prior......
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Smart & Biggar | Canada | 23 Jan 2023

Canadian patent law 2022: year in review

2022 was an active year in Canadian patent law: claim fees were introduced for the first time, changes were made to regulations providing remedies for excessive pricing of patented medicines and a range of court decisions addressed important issues. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions.
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Smart & Biggar | Canada | 14 Dec 2022

Federal Court rejects trial of common issues and allows pleadings amendment concerning supply disruptions in abiraterone acetate amended section 8 actions

🕑 4 minutes In January 2021, the Federal Court found Janssen's Canadian Patent No. 2,661,422 invalid. In three separate actions, Apotex, Dr. Reddy's and Pharmascience seek damages from Janssen pursuant to amended section 8 of the Patented Medicines (Notice of Compliance) Regulations for their lost sales of abiraterone acetate. Justice Southcott recently decided three motions addressing......
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Smart & Biggar | Canada | 30 Mar 2022

Federal Court finds formulation patent relating to Actonel DR valid but not infringed

The Federal Court recently issued its public reasons for judgment in a patent infringement action pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations relating to risedronate sodium (Allergan's Actonel DR). Justice Kane found Canadian Patent No. 2,602,188 valid but not infringed.
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Borden Ladner Gervais LLP | Canada | 15 Mar 2021

Ontario Superior Court dismisses Apotex’s claims for damages under Statutes of Monopolies

In March 2021, the Ontario Superior Court granted summary judgment, in favour of Lilly, dismissing Apotex’s claim for treble damages pursuant to the…
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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…
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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…
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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…
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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…
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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…
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