“Flexible set of options” in prior art not so flexible after all
In Steelhead v. Arc Resources, the Federal Court considered the validity of Canadian Patent No. 3,027,085, which related generally to a water-based...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
Do ask, still don’t get – $2000 awarded on Bill of Costs seeking more than $400,000
Teva Canada Limited and Sanofi-Aventis Canada Inc have duelled over Teva’s generic ramipril product in various proceedings, including an NOC proceeding, an...Read More
Forgetting Someone? Court of Appeal orders Hospira to add Sanofi to oxaliplatin judicial review
On September 9, 2014, Justice Gauthier of the Federal Court of Appeal, released the Reasons for Judgment in Hospira Healthcare Corporation v....Read More
Court of Appeal further clarifies section 8 damages framework
When a generic drug company is held off the market by an improper prohibition application, that generic is entitled to damages under...Read More
Ramipril section 8 damages – distinct “but for” worlds for each generic
The Federal Court recently decided several cases dealing with section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”). The first...Read More
Federal Court of Appeal affirms data protection for Sanofi’s ELOXATIN (oxaliplatin)
On April 10, 2012, the Federal Court of Appeal (“FCA”) dismissed Teva’s appeal of a data protection decision of Justice Campbell (2011...Read More
CAFC affirms obviousness and unenforceability of Sanofi’s docetaxel (TAXOTERE) formulation patents
The Court of Appeals for the Federal Circuit recently affirmed a District Court’s finding that claim 5 of U.S. patent No. 5,750,561...Read More
RITUXAN and AVASTIN do not infringe Sanofi’s CMV enhancer patents
The Court of Appeals for the Federal Circuit recently upheld a summary judgement decision that neither rituximab nor trastuzumab infringes two Sanofi...Read More