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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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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…
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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…
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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…
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Spruson & Ferguson | 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…
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