Need for the Court to make a proper determination weights heavily in Apotex’ motion for reply evidence
Background On November 10, 2015, Justice, Hughes dismissed Amgen’s application an Order preventing the Minister of Health from issuing a Notice of... Read More
Any publicly available teaching, no matter how obscure, is citable for obviousness – Court of Appeal
The Patent Act was amended in 1993 to to require that an invention cannot be obvious to the skilled person having regard to information that was... Read More
Expert blinding not determinative in ADDERALL XR prohibition application
On April 7, 2016., Justice Locke released his Judgment and Reasons in a prohibition application involving Shire, Apotex and the latter’s proposed... Read More
Court prefers blinded expert in ophthalmic drug patent dispute
In Allergan Inc. v. Apotex Inc, 2016 FC 344, Allergan sought a prohibition order against Apotex in relation to its gatifloxacin ophthalmic... Read More
Patent Listing Redux – Perfect Match Again Required
In Gilead Sciences, Inc. v. Canada (Health), Justice Heneghan of the Federal Court granted Apotex’s motion and concluded that Canadian Patent No.... 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
Federal Court of Appeal upholds prohibition application dismissal under s. 6(5)(b) of the NOC Regulations
Bayer Inc. et al., v. Fresenius Kabi Canada Ltd., 2016 FCA 13 Bayer appealed the dismissal of its application for a prohibition... Read More
Federal Court of Appeal Affirms Dismissal of Prohibition Application for Mylan’s Tadalafil
In February 2015, the Federal Court dismissed Eli Lilly’s application for an order prohibiting Mylan Pharmaceuticals from receiving a Notice of Compliance... Read More
A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent... Read More
Court dismisses first biologic prohibition application
Amgen brought this prohibition application to prevent the issuance of a Notice of Compliance to Apotex for its proposed filgrastim product. The... Read More
Cinacalcet Compound Patent Obvious and Anticipated
In Amgen Canada v. Mylan Pharmaceuticals ULC, 2015 FC 1244, a prohibition application under the PM(NOC) Regulations, Justice Phelan recently held that... Read More
Costs of second tadalafil prohibition application against the same patent assessed at midpoint of column IV
As we previously reported here, Justice Gleason allowed Lilly’s prohibition application in respect of the Canadian Patent No. 2,226,784 with costs following... Read More
Absent Unusual Circumstances, Column IV Costs Remain the Standard in PM(NOC) Proceedings
Justice O’Reilly’s decision in Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited confirms that costs awarded at the upper end of Column... Read More
Outside the Strike Zone: Pleading s. 8 Damages for Loss of Market Share and Sales of Other Products
In Pharmascience Inc v Pfizer Canada Inc, 2015 FC 1134, Justice Zinn of the Federal Court of Canada reversed the underlying Order... Read More
A novel claim for damages under centuries-old monopolies legislation survives motion to strike
A claim by Apotex in the Ontario Superior Court pursuant to the English Statute of Monopolies (which was enacted in 1624) and... Read More
Confidentiality in the Federal Court: Application Judge Has the Final Say
Public openness and access to material filed in Court are underlying principles of the judicial process, and these principles were addressed in... 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
A Sheep In Wolf’s Clothing – Alleged Errors of Fact Should Not Be Dressed Up As Errors Of Law
The Federal Court of Appeal recently considered two competing appeals regarding patents listed on the Patent Register against Alcon’s moxifloxacin product, VIGAMOX.... Read More
Court of Appeal Is Not The Place to Reargue Factual Findings
On September 16, 2015, the Federal Court of Appeal dismissed Actavis’s appeal from a judgment of the Federal Court prohibiting the Minister... Read More
Relitigation is not an abuse of process where first decision is under appeal
On September 11, 2015, Justice Gleason released her public Judgment and Reasons in a prohibition application involving Apotex and Canadian Patent No. 2,379,948... Read More
Court proposes new date for assessing double patenting
In Eli Lilly Canada Inc v Apotex Inc, 2015 FC 875, Justice Gleason of the Federal Court prohibited the Minister of Health... Read More
Patent listing under 4(2)(b) – perfect match not required
In Eli Lilly Canada Inc v Attorney General of Canada, 2015 FCA 166, Justice Nadon allowed an appeal from Justice Bédard affirming... Read More
Prothonotary Can Require Production of Relevant Confidential Documents From a Different Action
In Eli Lilly Canada Inc. v. Teva Canada Ltd., 2015 FC 801, Justice Annis allowed Teva’s appeal in part finding that the... Read More
Listing requirements of PM(NOC) Regulations amended
On July 1, 2015, the Federal government published amendments to the Patented Medicines (Notice of Compliance) Regulations. The amendments, effective as of... Read More
Federal Court rejects overarching promise of utility for iron chelation patent
On June 19, 2015 Justice O’Reilly issued reasons in a prohibition application under the PM(NOC) Regulations. Novartis had sough a prohibition Order... Read More