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Court dismisses Section 8 damages appeal and grants cross-appeal
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • April 18 2018

On March 20 2018 the Federal Court of Appeal issued public reasons for its dismissal of Eli Lilly Canada Inc's appeal of a Federal Court decision that


Infringers’ “Intentions, Motivations and Preferences” Dispenses with Non-Infringing Alternative
  • McCarthy Tétrault LLP
  • Canada
  • April 17 2018

In ADIR v. Apotex Inc., the Federal Court applied the now-familiar ‘could have and would have’ test to determine whether the patent-infringing


3 Business Cases to Follow in the Supreme Court's Spring Term
  • Bennett Jones LLP
  • Canada
  • April 16 2018

The Supreme Court of Canada's spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in


GSTHST Credit Notes Are Not Effective Until Payment Is Made: FCA Rules on Insolvent Supplier’s Unfulfilled Commitment to Reimburse Customer
  • Stikeman Elliott LLP
  • Canada
  • April 13 2018

On January 12, 2018, the Federal Court of Appeal (“FCA”) delivered its judgment in North Shore Power Group Inc. v. Canada, 2018 FCA 9, an appeal from


Federal Court of Appeal confirms patent infringer not entitled to dictate appropriate remedy
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • April 9 2018

In 2016 the Federal Court found that Apotex and Cobalt had infringed Bayer's valid patent for an oral contraceptive composition. The Federal Court


Alexion files for leave to appeal to Supreme Court of Canada in case challenging constitutionality of PMPRB remedial powers
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • April 3 2018

On February 5, 2018, Alexion Pharmaceuticals filed an application for leave to appeal a decision of the Federal Court of Appeal (FCA


Financial Services & Insolvency Communiqué
  • Miller Thomson LLP
  • Canada
  • April 3 2018

On March 22, 2018, the Supreme Court of Canada granted Callidus Capital Corporation (the “Secured Creditor”) leave to appeal the Federal Court of


A Cautionary Tale Regarding the GSTHST New Housing Rebate
  • Miller Thomson LLP
  • USA, Canada
  • April 3 2018

As an incentive to a prospective buyer, a builder may offer to provide a credit to decrease the purchase price of a newly-constructed or substantially


FCA dismisses Lilly’s olanzapine section 8 damages appeal and grants cross-appeal allowing for recovery of pipefill sales and under-reporting of data
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • March 29 2018

On March 20, 2018, the Federal Court of Appeal (FCA) issued public reasons for judgment dismissing Eli Lilly Canada Inc. (Lilly)’s appeal of a Federal


The Federal Court of Appeal restores transactional common interest privilege
  • McCarthy Tétrault LLP
  • Canada
  • March 26 2018

In 2016, the Federal Court broke with its own precedents and other Canadian courts and held that parties to a commercial transaction who shared a