Exception to payment clause applies in settlement agreement for valacyclovir
The case surrounds an agreement made following a 2009 dispute over GSK’s product Valtrex (valacyclovir hydrochloride). In 2008, Health Canada approved Pharmascience...Read More
Letter rogatory for US patent infringement case not enforced for previous patent owners
A letter of request (a.k.a. letter rogatory) is a request by a foreign Court seeking the assistance of a Canadian court to...Read More
But-For Result in Prohibition Proceeding Does Not Give Rise to Section 8 Claim for Damages
The Ontario Superior Court recently dismissed a claim for damages brought by Apotex under section 8 of the Patented Medicines (Notice of...Read More
The Price of Contempt
In August 2018, Justice Patillo granted summary judgment (see here) permitting recognition and enforcement in Ontario of US judgments against the defendants,...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
Defamation Claim Fails Against Truthful Copyright Infringement Allegations Made on Social Media
In Johnson v. Rakhmanova, the Ontario Superior Court of Justice allowed a Defendant’s motion to dismiss a defamation claim on the basis that...Read More
Circumstances Not Sufficiently Special To Allow Pleading Amendment
On February 6, 2018, Justice Dunphy dismissed Sanofi’s motion for leave to amend their statement of defence in light of “special circumstances”,...Read More
Apotex’ Remedial Claims Based On Pfizer’s Viagra Patent Survive Another Attack
On November 18, 2016, Justice Nordheimer of the Ontario Superior Court of Justice dismissed Pfizer’s motion for leave to appeal a decision...Read More
PATANOL Statutes of Monopolies claim struck as premature but other pleadings survive
Actavis had been named as a respondent in an application under the Patented Medicines (Notice of Compliance) Regulations in respect of two...Read More
Prior Settlement Agreement Prevents Grey Marketing of Chocolate Bars
In Mars Canada Inc. v Bemco Cash & Carry Inc., 2016 ONSC 7201, the Ontario Superior Court of Justice granted summary judgment...Read More
Motion for Declaration of Software Ownership Dismissed
Justice G. Dow, in One Street Digital Inc. v. Berkeley Payment Solutions Inc., dismissed a motion brought by OSD seeking to have...Read More
Judge Rejects Purported Oral Amendment of Toilet Patent Licensing Agreement
Arnold Hennessy invented “tip-tank” toilet technology, and assigned his rights in the patents and technology to Arnold Hennessy Holdings. AHH licenced the...Read More
On to the next round: Some of Apotex’s claims for being kept off the sildenafil market survive motion to strike
In Apotex Inc. v. Pfizer Ireland Pharmaceuticals et al., 2016 ONSC 4966, Pfizer was looking to strike out claims brought against it...Read More
Claims under the Trade-marks and Competition Acts insufficient basis to stay Ontario defamation action
On December 22 2015, Justice Perell dismissed a motion to temporarily stay a defamation action in the Ontario Superior Court of Justice...Read More
Court straightens out scope of orthodontic patent
In Orthoarm Inc v GAC International LLC, 2015 ONSC 5097, Justice Matheson of the Ontario Superior Court held that certain orthodontic brackets...Read More
Copyright suit for book never sold in Canada summarily dismissed
A recent ruling of the Ontario Superior Court is a reminder to plaintiffs that they must present more than bald allegations that...Read More