Patent Infringers Cannot Elect Patentee’s Remedy
The Federal Court of Appeal dismissed Apotex’ appeal from a decision in which Apotex sought to elect the remedy that Bayer was... Read More
Earlier PM(NOC) Loss Does Not Disentitle Patentee From Electing Infringement Remedy
Justice Fothergill’s recent decision establishes that a prior favourable decision under the NOC Regulations cannot be relied upon by a generic pharmaceutical... Read More
Ethinylestradiol/Drospirenone Formulation Patent Valid and Infringed
On September 7, 2016, Justice Fothergill released his public Reasons and Judgement in consolidated patent infringement/impeachment actions brought by Bayer against Apotex... Read More
Court of Appeal primes Supreme Court of Canada to revisit appellate review of claim construction and prohibition against methods of medical treatment
On May 4, 2015, the Federal Court of Appeal released its Reasons for Judgment in an appeal in a prohibition application involving... 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