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
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
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
Apo-Esomeprazole Section 8 Action Dismissed Due to Infringement
Apotex Inc. v. AstraZeneca Canada Inc, is the Federal Court’s decision regarding Apotex’s section 8 action, and AstraZeneca’s related infringement action, in relation...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
Aitken Klee successful in Teva Olanzapine Section 8 Damages Case
The Federal Court recently issued its decision in Eli Lilly Canada Inc. v. Teva Canada Limited, 2017 FC 88, Teva’s action for...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
Court Refuses to Bifurcate Section 8 Counterclaim from Olopatadine Infringement Action
In Alcon Canada Inc. v. Apotex Inc., 2016 FC 898, Prothonotary Tabib dismissed Alcon’s motion to bifurcate its infringement action from...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
Supreme Court of Canada denies leave to hear section 8 case
On June 14, 2012, the Supreme Court of Canada (“SCC”) denied leave to hear an appeal involving section 8 of the Patented...Read More
Apotex partly denied section 8 claim on basis of ex turpi causa principle
On May 23, 2012, Justice Snider released her decision in Apotex v Merck involving Apotex’s section 8 claim regarding the drug lovastatin. ...Read More
Supreme Court of Canada denies leave to hear section 8 cases
On May 17, 2012, the Supreme Court of Canada announced its decisions not to hear appeals in three section 8 cases: Apotex...Read More
Teva can assert Ratiopharm’s EFFEXOR XR section 8 claim
On May 8, 2012, the Federal Court of Appeal allowed an appeal of a judgement of Justice Hughes (2011 FC 1169) that...Read More
Federal Court of Appeal confirms infringement of Merck’s patent on lovastatin and also holds Merck liable for section 8 damages in respect of the same patent
In two decisions rendered in December 2011, the Federal Court of Appeal highlighted the unique dynamic presented by the Patented Medicines (Notice...Read More