Product Monograph Carve-Outs May Not Avoid Infringement
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Apotex v Janssen, 2023 FCA 220, dismissed Apotex’s appeal... Read More
Janssen’s stranglehold strengthens: Evidence important in indirect infringement
Janssen scored another victory in relation to Canadian Patent No. 2,659,770 in Janssen v Apotex. Janssen sought to prevent Apotex from selling... Read More
Carvedilol case keeps on ticking
In the latest development in the carvedilol skinny label odyssey, the US Court of Appeals for the Federal Circuit dismissed Teva’s petition... 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
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
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