Federal Court Adjourns Motion for Confidentiality Order
Innovator Company v Canada (Attorney General), 2017 FC 548 A third party whose patent interests may be affected by an application is entitled to notice of the application. In this Federal Court (“FC”)...
View ArticleFederal Court Affirms Price Regulation Schemes are intra vires
Alexion Pharmaceuticals Inc v Canada (Attorney General), 2016 FC 716 Pharmaceutical companies should be cognizant of the price control regime when setting prices, especially potentially excessive ones,...
View ArticleFederal Court finds Insomnia-treating Drug Patent neither Invalid nor Infringed
Meda AB v Canada (Health), 2016 FC 1362 In this Federal Court (“FC”) decision, the formulation patent for the insomnia-treating drug zolpidem tartrate (“zolpidem”), licensed by Meda AB, Meda...
View ArticleFederal Court shoots down an attempted revival of the promise doctrine
Pfizer Canada Inc v Apotex Inc, 2017 FC 774 In AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 [AstraZeneca], the Supreme Court of Canada (“SCC”) set out to abolish the so-called “promise doctrine,”...
View ArticleFederal Court Upholds Pfizer’s Polymorph Patent for the Depression Drug...
Pfizer Canada Inc v Teva Canada Limited, 2017 FC 777 Innovator pharmaceutical companies have been criticized for seeking questionable patents on purportedly new or improved versions of drugs that are...
View ArticleFederal Court Rejects Apotex’s Judicial Review Application for Apo-Omeprazole...
Apotex Inc v Canada (Health), 2017 FC 857 The Federal Court (“FC”) upheld the Minister of Health’s decision to cancel reconsideration for Apo-Omeprazole Magnesium Tablets manufactured by Apotex Inc....
View ArticleNon-Infringing Alternative Defence Denied in Omeprazole Infringement Profit Case
Apotex Inc v AstraZeneca Canada Inc, 2017 FC 726 The Federal Court (“FC”) revisits the non-infringing alternative (“NIA”) defence in its decision concerning the remedy sought by AstraZeneca Canada...
View ArticleFederal Court Dismisses Motion for Early Dismissal of Action Brought Under...
Genentech, Inc v Amgen Canada Inc, 2018 FC 694 This case establishes the threshold required to bring a motion for early dismissal under the new Patented Medicines (Notice of Compliance) Regulations...
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Actions Under Old PM(NOC) Regime Not Automatically Applicable To The New
Amgen Inc v Pfizer Canada Inc, 2018 FC 1078 The Federal Court (“FC”) confirms in this case that jurisprudence determined under the former Patented Medicines (Notice of Compliance) Regulations (the...
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Teva Blocks Competitor With Patent for 40 mg/mL Dose of Copaxone®
Pharmascience Inc. v. Teva Canada Innovation, 2022 FCA 2 In this appeal, the Federal Court of Appeal (“FCA”) affirmed a decision of the Federal Court (the “FC”) and upheld the validity of Teva...
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