“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
Supreme Court of Canada To Hear AstraZeneca’s Esomeprazole Appeal
On March 10, 2016, the Supreme Court of Canada granted AstraZeneca’s application for leave to appeal the decision of the Federal Court...Read More
Court dismisses first biologic prohibition application
Amgen brought this prohibition application to prevent the issuance of a Notice of Compliance to Apotex for its proposed filgrastim product. The...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
Clean sweep for Mylan in low-dose tadalafil NOC application
On February 2, 2015 Justice de Montigny released his Judgment and Reasons in a second prohibition application started by Eli Lilly involving...Read More
Proper date for assessing double patenting is the priority date of the earlier patent – Federal Court
On January 7, 2015, Justice De Montigny released the public Judgment and Reasons in a prohibition application under the Patented Medicines (Notice of...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