Withdrawal of ALIMTA NOA renders prohibition application moot
On January 14, 2013, Justice Barnes of the Federal Court of Canada issued his Reasons for Judgment in respect of a prohibition... Read More
Opportunity for inspection enough for anticipatory prior use – Federal Court of Appeal
On December 20, 2012 the Federal Court of Appeal, clarified what constitutes anticipatory prior use under the “new” Parent Act in Wenzel... Read More
ACCUPRIL impeachment action allowed to continue notwithstanding patent expiry
In 2003, Pfizer commenced a prohibition application under the Patented Medicines (Notice of Compliance) Regulations in respect of Canadian Patent Nos. 1,341,... Read More
Wrongly issued COMBIGAN prohibition order upheld for different reasons
On November 23, 2012, the Federal Court of Appeal dismissed Apotex’s appeal of Justice Hughes’ Judgment granting a prohibition Order in respect... Read More
Third time’s a charm? Court of Appeal again remits Weatherford’s induced infringement claim
On October 17, 2012, the Federal Court of Appeal issues it’s Reason for Judgment in Corlac Inc. et al v. Weatherford Canada... Read More
4(2)(b) or not 4(2)(b) – Federal Court of Appeal answers the question in COMPLERA patent listing decision
On October 9, 2012, the Federal Court of Appeal released its Reasons for Judgment holding Canadian Patent No. 2,512,475 was not eligible... Read More
Supreme Court of Canada agrees to hear Ontario private label drug appeal
On August 30, 2012, the Supreme Court of Canada granted leave to appeal in Katz Group Canada Inc. v. Minister of Health and... Read More
Tobramycin patent listing – Federal Court confirms strict product specificity
On June 29, 2012, the Federal Court issued a decision upholding the Minister of Health‘s decision to refuse to list Canadian Patent... Read More
Sandoz’s LIPIDIL EZ non-infringement allegations justified
On June 15, 2012, Justice Zinn issued Judgments in two prohibition proceedings between Sandoz and Fournier in respect of fenofibrate tablets and... Read More
Court grants prohibition order despite obviousness finding; cites uncertainty in comity law as basis
On June 18, 2012, the Federal Court of Canada issued a Judgment and Reasons for Judgment in a prohibition proceeding between Allergan... Read More
Supreme Court of Canada denies leave to hear section 8 case
On June 14, 2012, the Supreme Court of Canada (“SCC”) denied leave to hear an appeal involving section 8 of the Patented... Read More
Apotex partly denied section 8 claim on basis of ex turpi causa principle
On May 23, 2012, Justice Snider released her decision in Apotex v Merck involving Apotex’s section 8 claim regarding the drug lovastatin. ... Read More
Supreme Court of Canada denies leave to hear section 8 cases
On May 17, 2012, the Supreme Court of Canada announced its decisions not to hear appeals in three section 8 cases: Apotex... Read More
Teva can assert Ratiopharm’s EFFEXOR XR section 8 claim
On May 8, 2012, the Federal Court of Appeal allowed an appeal of a judgement of Justice Hughes (2011 FC 1169) that... Read More
Federal Court of Appeal issues another decision dealing with “promise of the patent” [ARIMIDEX/anastrozole]
On April 11, 2012, the Federal Court of Appeal dismissed Mylan’s appeal of a decision of Justice Rennie (2011 FC 1023) which... Read More
Federal Court of Appeal affirms data protection for Sanofi’s ELOXATIN (oxaliplatin)
On April 10, 2012, the Federal Court of Appeal (“FCA”) dismissed Teva’s appeal of a data protection decision of Justice Campbell (2011... Read More
Federal Court of Appeal dismisses Mylan’s appeal of donepezil decision (ARICEPT)
On March 29, 2012, the Federal Court of Appeal (“FCA”) dismissed Mylan’s appeal of a decision of Justice Hughes (2011 FC 547)... Read More
Supreme Court of Canada Denies Leave to Appeal Patent Decision on Good Faith
Today the Supreme Court of Canada denied leave to appeal the decision in Corlac Inc. et.al. v Weatherford et.al. (2011 FCA 228). On July... Read More
Federal Court of Canada rules thalidomide is innovative drug
Justice DeMontigny determined that thalidomide is an innovative drug entitled to data protection notwithstanding prior approval in the 1960s. Full decision may... Read More