In an October 12 2016 decision (Teva Canada Limited v Pfizer Canada Inc, 2016 FCA 248) the Federal Court of Appeal upheld two decisions of the
On June 22, 2011, the Court of Appeals for the Federal Circuit (CAFC) upheld a summary judgment invalidating two claims of U.S. Patent No. 5,211,954 (“the ‘954 patent”), which covers a pharmaceutical formulation comprising particular doses of a sleep-inducing agent.
In a decision of 30 June 2010, the Spanish Supreme Court ruled that the Bolar provision implemented in Spain in July 2006 did not have a retroactive effect.
Does the inventor or "innovator" of a brand-name drug have a duty of care to the consumers of that drug's generic equivalent manufactured by a competitor?