A one-two pulse for Takeda’s dexlansoprazole patent found not infringed and invalid
The Federal Court found Takeda’s Canadian Patent No. 2,570,916 to be invalid for lack of utility and sufficient disclosure and to be...Read More
Takeda’s dexlansoprazole patent found invalid for lack of sound prediction of utility and for insufficiency
Background The drug DEXILANT is used to treat heartburn associated with gastroesophageal reflux disease and to heal damage to the esophagus from...Read More
Apotex receives divided success on its motion to amend on the eve of trial
With only a few days remaining before trial, Apotex brought a motion to amend its Further Amended Statement of Defence to include...Read More
Hospira Awarded $495,000 In Costs Despite Evidentiary Gap In The Reasonableness Of Certain Disbursements
In Eli Lilly Canada Inc v The Minister of Health et al, Justice Barnes awarded Hospira its costs against Eli Lilly in...Read More
Federal Court reaffirms disclosure requirement for sound prediction
In Eli Lilly Canada Inc v. The Minister of Health et al, 2016 FC 47, Justice Barnes dismissed Eli Lilly’s prohibition application...Read More
Pot-shots from the sidelines not enough to disprove inherent anticipation
On June 15, 2015, Justice Barnes released his public Judgment and Reasons in a prohibition application involving Mylan and Canadian Patent No....Read More
Failure to address all art cited in NOA sinks ciclesonide prohibition application
On May 1, 2015, Justice O’Reilly dismissed a prohibition application brought by Takeda against Apotex involving the drug ciclesonide. The application involved...Read More
Supreme Court denies to hear DEXILANT innovative drug appeal
On June 12, 2013, the Supreme Court of Canada (“SCC”) dismissed, with costs, Takeda’s application for leave to appeal the judgment of the...Read More
Enantiomers are not innovative drugs – Federal Court of Appeal
On January 18, 2013, the Federal Court of Appeal, in a 2:1 decision, released its Reasons for Judgment holding that Takeda’s dexlansoprazole...Read More
Withdrawal of ALIMTA NOA renders prohibition application moot
On January 14, 2013, Justice Barnes of the Federal Court of Canada issued his Reasons for Judgment in respect of a prohibition...Read More