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Results: 1-10 of 56

Court injects "duty of candour" requirements for patent agents
  • Gowling WLG
  • Canada
  • November 24 2009

In a recent decision pursuant to the NOC Regulations, the Federal Court considered s. 73(1) of the Patent Act, and held that there is a duty for patent agents to reply in good faith and make full and frank disclosure to the patent examiner


Sanofi v. Hospira, merits of a 55.2 proceeding
  • Gowling WLG
  • Canada
  • December 3 2009

The Court refused to grant an Order of Prohibition against Hospira regarding its docetaxel product


Pfizer v. ratiopharm, motion to amended a previous judgment on the merits
  • Gowling WLG
  • Canada
  • December 3 2009

ratiopharm was successful in the proceeding under the NOC Regulations at the trial level, but the decision was overturned on appeal


Bayer Inc. v. Canada (Health), listing decision
  • Gowling WLG
  • Canada
  • December 3 2009

The Court dismissed a judicial review of the Minister’s decision refusing to list a formulation patent on the Patent Register


Pfizer v. ratiopharm, motion to intervene in appeal of infringement proceedings
  • Gowling WLG
  • Canada
  • December 3 2009

The Court of Appeal denied BIOTEC Canada’s and Eli Lilly’s leave to intervene in Pfizer’s appeal of the Court’s decision to invalidate a patent for amlodipine


Apotex v. Pfizer
  • Gowling WLG
  • Canada
  • March 4 2009

The Court of Appeal dismissed the generic company's appeal and upheld the decision of the trial judge prohibiting Apotex entering the market until the expiry of the patent


Solvay v. Canada (Minister of Health)
  • Gowling WLG
  • Canada
  • March 4 2009

The Court upheld the decision of the Minister refusing to list a patent on the Patent Register


G.D. Searle v. Canada (Minister of Health)
  • Gowling WLG
  • Canada
  • March 4 2009

The Minister of Health removed a patent from the Patent Register on the basis that it was ineligible for listing


Novopharm v. Eli Lilly
  • Gowling WLG
  • Canada
  • March 4 2009

The Court dismissed a motion by the Canadian Generic Pharmaceutical Association (CGPA) requesting leave to intervene in Novopharm's appeal of a decision of the Federal Court


Law professor criticizes recent court rulings on patent disclosure
  • Gowling WLG
  • Canada
  • September 30 2009

In a recent issue of the Lawyers Weekly, Professor Jeremy de Beer of the University of Ottawa criticizes the uncertainty in Canadian patent law and calls on the Supreme Court to clarify disclosure obligations