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
Ramipril section 8 damages – distinct “but for” worlds for each generic
The Federal Court recently decided several cases dealing with section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”). The first... 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 confirms infringement of Merck’s patent on lovastatin and also holds Merck liable for section 8 damages in respect of the same patent
In two decisions rendered in December 2011, the Federal Court of Appeal highlighted the unique dynamic presented by the Patented Medicines (Notice... Read More