FCA Clarifies Threshold for Soundly Predicting Utility
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Sandoz v Janssen, 2023 FCA 221, dismissed Sandoz’s appeal...Read More
Federal Court Confirms Defendants’ Right to Challenge Non-Asserted Claims in PM(NOC) Actions
The Federal Court has recently affirmed by way of summary judgment motion that a Defendant to an action commenced under the Patented...Read More
Sandoz’s Choice: Extend the Statutory Stay and Adjourn Trial or Forego New Invalidity Defences
The Federal Court granted Sandoz Canada Inc. leave to amend its Statement of Defence in an action under the Patented Medicines (Notice...Read More
Janssen tightens its grip on treatment for vasoconstrictive diseases
In Janssen v Sandoz, the Federal Court held that Canadian Patent No. 2,659,770 was valid and would be infringed by Sandoz’s proposed...Read More
An Expiring Patent Will Get Its Day in Court under Section 6 of the PM(NOC) Regulations
Should an action under section 6(1) of the Patented Medicines (Notice of Compliance) Regulations be rendered moot if the asserted patent will...Read More
Birds of a Feather Will Not Flock Together: Section 6.02 of PM(NOC) Regulations Prohibits Trials of Common Issues Absent Consent
The Federal Court of Appeal set aside a Federal Court order requiring a trial of common issues from two separate actions initiated...Read More
Generics are “patentees” subject to PMPRB oversight
The recent decision of the Federal Court of Appeal in Attorney General of Canada v. Sandoz Canada Inc., and Attorney General of...Read More
Generics are not “patentees” subject to PMPRB oversight
On May 27, 2014, the Federal Court allowed two related judicial reviews from decisions of the Patented Medicines Prices Review Board that...Read More
LIPIDIL EZ – Absence of evidence of direct specific infringement sinks prohibition applications
On July 5, 2012, the Federal Court of Canada contemporaneously released public reasons in two matters (Court File Nos. T-991-10 and T-1184-10)...Read More
Sandoz’s LIPIDIL EZ non-infringement allegations justified
On June 15, 2012, Justice Zinn issued Judgments in two prohibition proceedings between Sandoz and Fournier in respect of fenofibrate tablets and...Read More
COPAXONE patents infringed, valid and enforceable – U.S. District Court
On June 22, 2012, the District Court for the Southern District of New York issued a decision that Sandoz/Momenta and Mylan/Natco infringed...Read More
PRECEDEX: enantiomer patent valid and enforceable; method of use patent obvious
On May 4, 2012, the District Court of New Jersey issued an amended memorandum opinion in relation to Sandoz’ paragraph IV challenge...Read More
ABILIFY compound patent attack a “poster child” for impermissible hindsight – CAFC
On May 7, 2012, the Court of Appeals for the Federal Circuit (CAFC) affirmed a judgment of the United States District Court...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
Trospium (SANCTURA XR) patents obvious – US District Court
On March 31, 2012 Judge Sleet of the District Court for the District of Delaware concluded that the claims of four...Read More