Court grants prohibition order despite obviousness finding; cites uncertainty in comity law as basis
On June 18, 2012, the Federal Court of Canada issued a Judgment and Reasons for Judgment in a prohibition proceeding between Allergan... 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 issues another decision dealing with “promise of the patent” [ARIMIDEX/anastrozole]
On April 11, 2012, the Federal Court of Appeal dismissed Mylan’s appeal of a decision of Justice Rennie (2011 FC 1023) which... 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
Federal Court of Appeal dismisses Mylan’s appeal of donepezil decision (ARICEPT)
On March 29, 2012, the Federal Court of Appeal (“FCA”) dismissed Mylan’s appeal of a decision of Justice Hughes (2011 FC 547)... Read More
Supreme Court of Canada Denies Leave to Appeal Patent Decision on Good Faith
Today the Supreme Court of Canada denied leave to appeal the decision in Corlac Inc. et.al. v Weatherford et.al. (2011 FCA 228). On July... Read More
Federal Court of Canada rules thalidomide is innovative drug
Justice DeMontigny determined that thalidomide is an innovative drug entitled to data protection notwithstanding prior approval in the 1960s. Full decision may... Read More