The Federal Court of Appeal (FCA) dismissed an appeal by Lilly from a decision of the Federal Court (see our previous article) which had granted a motion for summary trial brought by Teva, Pharmascience, Laboratoire Riva,...more
In a patent infringement action brought by Allergan and AbbVie under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (Regulations), in relation to 0.01% w/v bimatoprost solution for ophthalmic...more
The Federal Court of Appeal (FCA) dismissed an appeal by Biogen and a cross-appeal by Taro from a decision of the Federal Court... dismissing two actions by Biogen under the Patented Medicines (Notice of Compliance)...more
9/1/2022
/ Anticipation ,
Appeals ,
Canada ,
Dismissals ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patented Medicines ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
PMNOC Regulations
The Federal Court of Appeal (FCA) dismissed an appeal by Merck from a decision of the Federal Court... dismissing Merck’s application for judicial review of Health Canada’s refusal to add Canadian Patent No. 2,830,806 (806...more
12/3/2021
/ Appeals ,
Biologics ,
Deadlines ,
Dismissals ,
Health Canada ,
Judicial Review ,
Patent Registration ,
Patented Medicines ,
Patents ,
Pharmaceutical Patents ,
PMNOC Regulations ,
Standard of Review
Update: On September 15, 2021, ViiV applied to the Supreme Court of Canada for leave to appeal (Docket No. 39823).
The Federal Court of Appeal dismissed an appeal by ViiV from a decision of the Federal Court granting...more
7/1/2021
/ Appeals ,
Canada ,
Claim Construction ,
Dismissals ,
Interlocutory Orders ,
Motion for Summary Judgment ,
Motions to Quash ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents
As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal from a decision holding that the claims of a patent relating to lisdexamfetamine (Shire’s VYVANSE) were valid and prohibiting the Minister of...more
6/29/2021
/ Apotex ,
Appeals ,
Canada ,
Dismissals ,
Leave to Appeal ,
Minister of Health ,
Notice of Compliance ,
Patent Litigation ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Supreme Court of Canada
Update: On October 7, 2021, the Supreme Court of Canada denied Apotex’s leave to appeal (Apotex v Shire, Docket No. 39662).
The Federal Court of Appeal (FCA) recently dismissed an appeal by Apotex from a decision of the...more
4/2/2021
/ Anticipation ,
Apotex ,
Appeals ,
Canada ,
Dismissals ,
Minister of Health ,
Notice of Compliance ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Pharmaceutical Patents
The Federal Court of Appeal recently dismissed a motion brought by the Minister of Health (the Minister) for stay of a judgment of the Federal Court that held Health Canada’s refusal to issue a Certificate of Supplementary...more
10/9/2020
/ Appeals ,
Canada ,
Certificates of Supplementary Protection (CSPs) ,
Health Canada ,
Ministry of Health ,
Motions to Stay Proceedings ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Remand
Update: see our article here regarding the dismissal of ViiV’s appeal.
On April 6, 2020, the Federal Court granted Gilead’s motion for summary trial and dismissed ViiV’s action: ViiV Healthcare Company v Gilead Sciences...more