“Probably, likely, or definitely” selection patent anticipated, obvious and not infringed
On July 12, 2012, Justice Kane of the Federal Court released the public Reasons for Judgment in Hoffman-La Roche’s prohibition application against... 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
Oil well spill tray patents not infringed, one invalid – Federal Court
On June 7, 2013, Justice Barnes issued his Reasons for Judgment in a patent infringement action between Zero Spill Systems and Rat Plastic... Read More
Lilly entitled to costs for moot ALIMTA prohibition application
On June 7, 2013, Justice Barnes of the Federal Court of Canada issued his Supplementary Reasons for Judgment dealing with the costs... Read More
VIAGRA patent not invalidated in prohibition application appeal
On June 4, 2013, the Supreme Court of Canada granted in part Pfizer’s application for a modification of its reasons of the... Read More
Process steps an essential limitation in YASMIN product-by-process claims
On May 29, 2013, Justice O’Reilly of the Federal Court of Canada, released his Reasons for Judgment in a prohibition application between Bayer... Read More
Possibility of infringement not enough to sink ZITHROMAX section 8 claim
On May 10, 2013, Justice O’Reilly of the Federal Court of Canada issued Reasons for Judgment in Apotex’ section 8 claim against... Read More
Lilly’s ZYPREXA leave application dismissed
On May 16, 2013 the Supreme Court of Canada dismissed Eli Lilly’s leave application seeking leave to appeal the Judgment of the... Read More
Apotex’s application for leave to appeal COMBIGAN prohibition order dismissed
On May 9, 2013, the Supreme Court of Canada (“SCC”) dismissed Apotex’s application for leave to appeal of a prohibition Order order issued... Read More
Date for assessing sufficiency of the specification is the publication date
On March 19, 2013, Justice Hughes of the Federal Court of Canada released his Reasons for Judgment in a prohibition application between... Read More
Lions and Tigers and Bears Oh My! SEROQUEL XR formulation patent obvious
On March 7, 2013, Justice Near of the Federal Court of Canada, dismissed AstraZeneca’s prohibition applications against Teva in respect quetiapine fumarate... Read More
Technical complexity a lion in the path of NEXIUM obviousness challenge
Om March 5, 2013, Justice O’Keefe of the Federal Court of Canada released Reasons for Judgment in a prohibition application involving Ranbaxy... Read More
Court has broad discretion to order production of pharmaceutical samples – Rule 249
On February 19, 2013, the Federal Court of Appeal, in series of three decisions clarified that the Rule 249 provides the Court... Read More
Innovative drugs – “previously approved” does not mean “currently approved”
On February 15, 2013 the Federal Court of Appeal, in a 2:1 decision, released its Reasons or Judgment holding that Celgene’s thalidomide... Read More
LYRICA use claim too broad and lacking utility
On February 4, 2013 Justice Hughes of the Federal Court of Canada released his Reasons for Judgment dismissing a prohibition application involving... 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
Opportunity for inspection enough for anticipatory prior use – Federal Court of Appeal
On December 20, 2012 the Federal Court of Appeal, clarified what constitutes anticipatory prior use under the “new” Parent Act in Wenzel... Read More
ACCUPRIL impeachment action allowed to continue notwithstanding patent expiry
In 2003, Pfizer commenced a prohibition application under the Patented Medicines (Notice of Compliance) Regulations in respect of Canadian Patent Nos. 1,341,... Read More
Wrongly issued COMBIGAN prohibition order upheld for different reasons
On November 23, 2012, the Federal Court of Appeal dismissed Apotex’s appeal of Justice Hughes’ Judgment granting a prohibition Order in respect... Read More
Third time’s a charm? Court of Appeal again remits Weatherford’s induced infringement claim
On October 17, 2012, the Federal Court of Appeal issues it’s Reason for Judgment in Corlac Inc. et al v. Weatherford Canada... Read More
4(2)(b) or not 4(2)(b) – Federal Court of Appeal answers the question in COMPLERA patent listing decision
On October 9, 2012, the Federal Court of Appeal released its Reasons for Judgment holding Canadian Patent No. 2,512,475 was not eligible... Read More
Supreme Court of Canada agrees to hear Ontario private label drug appeal
On August 30, 2012, the Supreme Court of Canada granted leave to appeal in Katz Group Canada Inc. v. Minister of Health and... Read More
Tobramycin patent listing – Federal Court confirms strict product specificity
On June 29, 2012, the Federal Court issued a decision upholding the Minister of Health‘s decision to refuse to list Canadian Patent... 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