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
Its Alive! Court of Appeal resurrects clopidogrel enantiomer patent
On July 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in an appeal involving Canadian Patent No. 1,...Read More
Non-infringing alternative defence rejected in lovastatin infringement damages trial
On July 16, 2013, Justice Snider released her public Reasons for Judgment in the damages phase of the bifurcated lovastatin infringement action. Justice...Read More
Possibility of infringement not enough to sink ZITHROMAX section 8 claim
On May 10, 2013, Justice O’Reilly of the Federal Court of Canada issued Reasons for Judgment in Apotex’ section 8 claim against...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
Court has broad discretion to order production of pharmaceutical samples – Rule 249
On February 19, 2013, the Federal Court of Appeal, in series of three decisions clarified that the Rule 249 provides the Court...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
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
Mometasone hydrate (NASONEX) patent valid but not infringed
On June 15, 2012, the District Court for the District of New Jersey released its redacted opinion in litigation between Schering and...Read More
Ramipril section 8 damages – distinct “but for” worlds for each generic
The Federal Court recently decided several cases dealing with section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”). The first...Read More
BONIVA dosing regimen patent held obvious in summary judgment motion
On May 7, 2012, the United States District Court for the District of New Jersey granted a summary judgment motion holding that...Read More
ABILIFY compound patent attack a “poster child” for impermissible hindsight – CAFC
On May 7, 2012, the Court of Appeals for the Federal Circuit (CAFC) affirmed a judgment of the United States District Court...Read More
Illegality doctrine does not preclude Apotex from recovering on perindopril undertaking – U.K. Court of Appeal
On May 3, 2012, the United Kingdom Court of Appeal allowed Apotex’s appeal form a decision of Norris J. that had precluded...Read More
FDA’s biosimilar stakeholder submission roundup – Part III
In March 2010, the Biologics Price Competition and Innovation Act of 2009 (BPCIA) became law and established a legal pathway for the...Read More
CAFC affirms obviousness and unenforceability of Sanofi’s docetaxel (TAXOTERE) formulation patents
The Court of Appeals for the Federal Circuit recently affirmed a District Court’s finding that claim 5 of U.S. patent No. 5,750,561...Read More
Federal Court of Appeal confirms infringement of Merck’s patent on lovastatin and also holds Merck liable for section 8 damages in respect of the same patent
In two decisions rendered in December 2011, the Federal Court of Appeal highlighted the unique dynamic presented by the Patented Medicines (Notice...Read More
Apotex sues FDA over import alert
On February 29, 2012, Apotex brought a request for arbitration at the International Center for Settlement of Investment Disputes seeking damages under...Read More