Reality Check for s. 8 Damages: But-For World Should Reflect Real World
The Federal Court of Appeal recently pronounced from the bench that damages claimed under section 8 of the PM(NOC) Regulations for lost...Read More
Pass the Scalpel: “Surgical” Reply Report Responding to New Evidence Held Admissible
On the eve of trial, the Federal Court accepted filing of a reply report responding to new evidence but did not allow...Read More
Court of Appeal dismisses Pfizer’s motion to strike PM(NOC) action as abusive
The Court of Appeal recently determined that the institution of proceedings under the “new” PM(NOC) Regulations, is not re-litigation or an abuse...Read More
Protective Orders Dead In Canada? – Not So Fast
Parties involved in patent litigation in the Federal Court often exchange sensitive confidential documents of an economic, scientific or technical nature as...Read More
Death of the Protective Order in the Federal Court of Canada?
Seedlings Life Science Ventures LLC v. Pfizer Canada Inc., 2018 FC 443 is the second decision (following Live Face on Web, LLC...Read More
“Overpromising” following Esomeprazole SCC
In this decision, Justice Manson was called upon to decide whether certain amendments Apotex sought to make to its pleadings ought to...Read More
Desvenlafaxine Polymorph Patent Not Obvious – Federal Court
The Federal Court simultaneously issued a pair of prohibition orders against Teva and Apotex in relation to the drug desmethyl-venlafaxine succinate, which...Read More
Venlafaxine Section 8 Damage Award Reaffirmed Upon Redetermination
Back in 2014, the Federal Court issued its judgment in Teva’s section 8 damages action in relation to the drug venlafaxine. On...Read More
Teva Successful In Pregabalin Section 8 Damages Case Against Pfizer
On March 30, 2017 Justice Phelan issued his Public Reasons for Judgment awarding Teva damages under section 8 of the PM(NOC) Regulations...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
Without Early Working, Cross-Referenced Drug Submissions Need Not Address Listed Patents: Court of Appeal
On October 12, 2016 the Federal Court of Appeal released a number of judgments dealing with the circumstances in which a cross-referenced...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
Federal Court of Appeal refuses Appeal of Motion to Strike Decision due to “Uncertainty” in the Case Law
On December 8, 2015, Justice Stratas of the Federal Court of Appeal released his Reasons for Judgment of the Court in Teva...Read More
A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent...Read More
Failure to Launch: BCCA Shuts Down Consumer Drug Patent Class Action
The British Columbia Court of Appeal recently clarified that there is no common law remedy available to consumers for breach of the Patent...Read More
Outside the Strike Zone: Pleading s. 8 Damages for Loss of Market Share and Sales of Other Products
In Pharmascience Inc v Pfizer Canada Inc, 2015 FC 1134, Justice Zinn of the Federal Court of Canada reversed the underlying Order...Read More
VIAGRA blue diamond trade-mark not distinctive – Federal Court
On April 20, 2015 Justice Russell released his Judgment and Reasons in a trademark matter involving Pfizer’s attempt to register trade-mark application...Read More
Cross-referenced drug submissions must still address listed patents – Federal Court
On December 19, 2014 Justice Gleason released her Judgment and Reasons in a judicial review application brought by Pfizer seeking to quash...Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety...Read More
Cancel the Date: Federal Court Vacates Novel Bifurcation for Section 8 Start Date
On September 15, 2014 Prothonotary Aalto granted Pfizer’s motion to amend its pleadings and in doing so vacated a bifurcation order that...Read More
Save the Date: Federal Court Orders Novel Bifurcation for Section 8 Start Date
In Apotex v. Pfizer, the Court ordered an innovative bifurcation order, separating the determination of the start date from the rest of the...Read More
VIAGRA patent not invalidated in prohibition application appeal
On June 4, 2013, the Supreme Court of Canada granted in part Pfizer’s application for a modification of its reasons of the...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
LYRICA use claim too broad and lacking utility
On February 4, 2013 Justice Hughes of the Federal Court of Canada released his Reasons for Judgment dismissing a prohibition application involving...Read More
Mylan’s obviousness challenge of erlotinib compound patent fails – US District Judge
On May 1, 2012, the United States District Court for the District of Delaware held that two erlotinib patents, RE 41065 and...Read More