A year in review of Health Canada’s Access to Information matters
On November 7, 2023, Health Canada released its annual report on the Access to Information Act and Privacy Act, reporting on the... Read More
Two-for-One Deal – A Successor Second Person Can Adopt the Original NOA
The Federal Court dismissed a judicial review by Bayer Inc. and Regeneron Pharmaceuticals, Inc. of the Minister of Health’s decision allowing Biosimilar... Read More
Sandoz’s Choice: Extend the Statutory Stay and Adjourn Trial or Forego New Invalidity Defences
The Federal Court granted Sandoz Canada Inc. leave to amend its Statement of Defence in an action under the Patented Medicines (Notice... Read More
For the Defendants’ Eyes Only: Court Permits Filing of Confidential Statement of Claim
In Bayer vs. BGP, Justice Pentney of the Federal Court permitted the filing of a confidential Statement of Claim. Bayer markets aflibercept... Read More
Birds of a Feather Will Not Flock Together: Section 6.02 of PM(NOC) Regulations Prohibits Trials of Common Issues Absent Consent
The Federal Court of Appeal set aside a Federal Court order requiring a trial of common issues from two separate actions initiated... Read More
Patent Infringers Cannot Elect Patentee’s Remedy
The Federal Court of Appeal dismissed Apotex’ appeal from a decision in which Apotex sought to elect the remedy that Bayer was... Read More
Earlier PM(NOC) Loss Does Not Disentitle Patentee From Electing Infringement Remedy
Justice Fothergill’s recent decision establishes that a prior favourable decision under the NOC Regulations cannot be relied upon by a generic pharmaceutical... Read More
Ethinylestradiol/Drospirenone Formulation Patent Valid and Infringed
On September 7, 2016, Justice Fothergill released his public Reasons and Judgement in consolidated patent infringement/impeachment actions brought by Bayer against Apotex... Read More
Court Refuses to Reconsider Prohibition Order Granted On The Basis of NOA Insufficiency
As previously described here, Justice Brown granted a prohibition application brought by Bayer relating to the drug moxifloxacin hydrochloride and Canadian Patent... Read More
Code Words Result In NOA Insufficiency
In Bayer Inc. v. Fresenius Kabi Canada Ltd., Justice Brown of the Federal Court granted Bayer’s prohibition application relating to the drug moxifloxacin... Read More
Federal Court of Appeal upholds prohibition application dismissal under s. 6(5)(b) of the NOC Regulations
Bayer Inc. et al., v. Fresenius Kabi Canada Ltd., 2016 FCA 13 Bayer appealed the dismissal of its application for a prohibition... Read More
What does that patent say, anyway? Appellate review of patent construction
In two recent judgments, Cobalt v. Bayer and ABB v Hyundai, the Federal Court of Appeal has explicitly considered the appropriate standard of review for... Read More
Court of Appeal primes Supreme Court of Canada to revisit appellate review of claim construction and prohibition against methods of medical treatment
On May 4, 2015, the Federal Court of Appeal released its Reasons for Judgment in an appeal in a prohibition application involving... Read More
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
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
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
FDA’s biosimilar stakeholder submission roundup – Part IV
In March 2010, the Biologics Price Competition and Innovation Act of 2009 (BPCIA) became law and established a legal pathway for the... Read More
Statements in Clinical Pharmacology section do not induce YASMIN patent infringement – CAFC
On April 16, 2011, the Court of Appeals for the Federal Circuit affirmed that Sandoz, Watson and Lupin do not infringe U.S.... Read More
India Grants First Patent Compulsory License
On March 9, 2012, the Indian Controller of Patents granted Natco Pharma’s application for a compulsory license thereby permitting it to market... Read More