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Abuse of Process Dismissals Pharmaceutical Patents

Smart & Biggar

Twice is not nice – second notice of allegation may be abusive

Smart & Biggar on

On December 23, 2023, the Federal Court of Appeal (FCA) held that it was an abuse of process for Apotex to raise invalidity in defending actions under the Patented Medicines (Notice of Compliance) Regulations (Regulations)...more

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