6(5)(b) motion successful where Applicant’s evidence incapable of establishing infringement
On March 26, 2015, Prothonotary Lafrenière granted Pharmaceutical Partners of Canada’s motion to dismiss Bayer’s prohibition application in respect of Canadian Patent...Read More
Prohibition application against gliclazide modified release tablets dismissed
On February 16, 2015, Mr. Justice Roy released his public Judgment and Reasons in a prohibition application involving Servier, Apotex and a...Read More
Multiple obvious paths still obvious – Federal Court
On February 26, 2015 Justice Barnes released his public reasons dismissing the second of Janssen’s prohibition applications in respect of Teva’s generic...Read More
Speculative theory of infringement sinks tadalafil prohibition application
On February 23, 2015 Justice de Montigny released his public reasons in a third prohibition application involving Eli Lilly and Mylan in...Read More
Court rejects the notion of the person skilled in the art of the claim
On November 27, 2014, Justice Barnes dismissed the first of two of Janssen’s prohibition applications in respect of Teva’s generic version of...Read More
Clean sweep for Mylan in low-dose tadalafil NOC application
On February 2, 2015 Justice de Montigny released his Judgment and Reasons in a second prohibition application started by Eli Lilly involving...Read More
Seeking to Intervene? Proceed Quickly with Unique and Valuable Insights or Else
On February 2, 2015, Justice Stratas released his reasons for dismissing Canada’s Research Based Pharmaceutical Companies (“Rx&D”) motion for leave to intervene...Read More
The Second Person’s Burdens (with apologies to Rudyard Kipling)
On January 9, 2015, the Federal Court of Appeal released Reasons for Judgment dismissing an appeal brought by Merck and BMS from...Read More
Proper date for assessing double patenting is the priority date of the earlier patent – Federal Court
On January 7, 2015, Justice De Montigny released the public Judgment and Reasons in a prohibition application under the Patented Medicines (Notice of...Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety...Read More
A Promise Made…A Promise Kept: Federal Court of Appeal rejects claims that the Celecoxib patent lacks utility
On October 30, 2014, Justice Noël of the Federal Court of Appeal, released the Reasons for Judgment in Apotex Inc. v. Pfizer...Read More
Forgetting Someone? Court of Appeal orders Hospira to add Sanofi to oxaliplatin judicial review
On September 9, 2014, Justice Gauthier of the Federal Court of Appeal, released the Reasons for Judgment in Hospira Healthcare Corporation v....Read More
Court Dismisses Alcon’s prohibition application against generic TRAVATAN-Z
On August 11, 2014, Justice Kane dismissed Alcon’s prohibition application against Apotex in respect of Apotex’s version of the Alcon’s TRAVATAN-Z and...Read More
Cancel the Date: Federal Court Vacates Novel Bifurcation for Section 8 Start Date
On September 15, 2014 Prothonotary Aalto granted Pfizer’s motion to amend its pleadings and in doing so vacated a bifurcation order that...Read More
Not defining skilled person in NOA insufficient to reverse order of evidence
On September 19, 2014, Prothonotary Milczynski dismissed Bristol-Myers Squibb’s motion for a partial reversal of the order of evidence in a prohibition...Read More
Abacavir Patent Not Listable Against Fixed Dose Combination Products
On September 18, 2014, Justice Hughes of the Federal Court of Canada dismissed three appeals of Orders of Prothonotary Milczynski that Canadian...Read More
Patent containing claim to single medicinal ingredient not eligible to be listed against combination product
On April 3, 2014, Prothonotary Milczynski granted Teva’s 6(5)(a) motion finding that Canadian Patent No. 2,289,753 is not eligible to be listed...Read More
Court of Appeal further clarifies section 8 damages framework
When a generic drug company is held off the market by an improper prohibition application, that generic is entitled to damages under...Read More
Failure to provide samples sinks YAZ non-infringement allegation
On October 22, 2013 Justice Hughes of the Federal Court of Canada released his Reasons for Judgment and Judgment in a prohibition...Read More
ACLASTA dosing regimen claims directed to unpatentable subject matter
On September 25, 1993 Mr. Justice Hughes of the Federal Court of Canada released his Reasons for Judgment in prohibition application between...Read More
“Probably, likely, or definitely” selection patent anticipated, obvious and not infringed
On July 12, 2012, Justice Kane of the Federal Court released the public Reasons for Judgment in Hoffman-La Roche’s prohibition application against...Read More
Lilly entitled to costs for moot ALIMTA prohibition application
On June 7, 2013, Justice Barnes of the Federal Court of Canada issued his Supplementary Reasons for Judgment dealing with the costs...Read More
VIAGRA patent not invalidated in prohibition application appeal
On June 4, 2013, the Supreme Court of Canada granted in part Pfizer’s application for a modification of its reasons of the...Read More
Process steps an essential limitation in YASMIN product-by-process claims
On May 29, 2013, Justice O’Reilly of the Federal Court of Canada, released his Reasons for Judgment in a prohibition application between Bayer...Read More
Apotex’s application for leave to appeal COMBIGAN prohibition order dismissed
On May 9, 2013, the Supreme Court of Canada (“SCC”) dismissed Apotex’s application for leave to appeal of a prohibition Order order issued...Read More