Assessing TM Confusion: Patients Matter
Novartis v. Biogen involves claims of trademark infringement, passing off and depreciation of goodwill and raises several interesting issues. The Applicants, Novartis...Read More
Fingolimod Settlement Agreement Begets New Disagreements
In March 2019, Novartis and Pharmascience entered into a settlement agreement giving Pharmascience a non-exhaustive license to sell its generic version of...Read More
Court of Appeal Upholds Promised Utility Of Iron Chelation Patent
On September 15, 2016 the Court of Appeal dismissed Teva’s appeal Justice O’Reilly’s prohibition Order preventing the Minister of Health from approving...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
Federal Court rejects overarching promise of utility for iron chelation patent
On June 19, 2015 Justice O’Reilly issued reasons in a prohibition application under the PM(NOC) Regulations. Novartis had sough a prohibition Order...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
Date for assessing sufficiency of the specification is the publication date
On March 19, 2013, Justice Hughes of the Federal Court of Canada released his Reasons for Judgment in a prohibition application between...Read More
Tobramycin patent listing – Federal Court confirms strict product specificity
On June 29, 2012, the Federal Court issued a decision upholding the Minister of Health‘s decision to refuse to list Canadian Patent...Read More
FDA’s biosimilar stakeholder submission roundup – Part I
In March 2010, the Biologics Price Competition and Innovation Act of 2009 (BPCIA) became law and established a legal pathway for the...Read More