TekSavvy Gets a Shocker from Voltage: Non-Party May Bear Some Costs Associated with Discovery
The decision of Justice Annis in Voltage Pictures LLC v. John Doe and Jane Doe reaffirms that there is no rule that...Read More
Failure to Launch: BCCA Shuts Down Consumer Drug Patent Class Action
The British Columbia Court of Appeal recently clarified that there is no common law remedy available to consumers for breach of the Patent...Read More
Claim of Inequitable Conduct in Statement of Defence Survives Motion to Strike
The decision of Justice Locke in Alcon Canada Inc. v. Actavis Pharma Company (2015 FC 1323) permits a generic party to plead...Read More
Generics are “patentees” subject to PMPRB oversight
The recent decision of the Federal Court of Appeal in Attorney General of Canada v. Sandoz Canada Inc., and Attorney General of...Read More
Absent Unusual Circumstances, Column IV Costs Remain the Standard in PM(NOC) Proceedings
Justice O’Reilly’s decision in Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited confirms that costs awarded at the upper end of Column...Read More
Confidentiality in the Federal Court: Application Judge Has the Final Say
Public openness and access to material filed in Court are underlying principles of the judicial process, and these principles were addressed in...Read More
Copyright suit for book never sold in Canada summarily dismissed
A recent ruling of the Ontario Superior Court is a reminder to plaintiffs that they must present more than bald allegations that...Read More
The Price is Right… If You Can Prove It In Court
The Federal Court has agreed that a defendant may reduce the damages owed to a plaintiff, if the defendant can show that...Read More
If at first you don’t succeed, you may not be permitted to try again
Justice Barnes’ decision in Gilead Sciences, Inc. v. Minister of Health is a cautionary note to applicants in PM(NOC) Proceedings to think...Read More
Generics are not “patentees” subject to PMPRB oversight
On May 27, 2014, the Federal Court allowed two related judicial reviews from decisions of the Patented Medicines Prices Review Board that...Read More