On December 6, 2011, the Federal Court granted Apotex’s impeachment action in respect of the ‘777 Patent, which relates to PLAVIX®. The Court declared the claims of the ‘777 Patent to be invalid. As a consequence of the declaration of invalidity, the…

This proceeding under the NOC Regs dealt with two patents covering Allergan’s COMBIGAN product. Crampton J. granted an order of prohibition with respect to the more recently issued of the two patents (the ‘764 Patent) , finding that it was not obvious. In…

This was a successful motion by the defendants to dismiss the plaintiff’s action for s.8 damages following a recent decision by Hughes J. (2011 FC 1169) in which he held that the plaintiff Teva was not permitted to continue ratiopharm’s claim for s. 8…

This was a motion to add four parties as plaintiffs to the action. By way of history, Janssen Inc. and Daiichi Limited were successful in a 2006 infringement action against Novopharm (now Teva). Prior to this decision, a bifurcation order had been issued…

This appeal dealt with a number of issues relating to s. 8 of the PM(NOC) Regulations . First at issue was the interpretation of the word “pending” in a transitional provision of the 1998 Regulations . The question was whether the 1993 or the 1998 version…

This appeal affirmed two lower decisions (2011 FC 465 and 2010 FC 1211) where it was held that the CGPA lacked standing to bring the application to dispute the listing of fluticasone furoate on the Patent Register on the basis that it was not directly…

This decision relates the reconsideration of an earlier decision regarding Eli Lilly’s action against Novopharm for infringement of Lilly’s patent to the compound olanzapine. In the initial judgement, Justice O’Reilly determined that the olanzapine…

In response to a motion brought by Teva for summary judgment of the issue of whether Teva can continue a s. 8 claim initially brought by ratiopharm, Justice Hughes found that this case met the criteria for being brought in a summary nature and proceeded…

The Court of Appeal dismissed an appeal brought by Sanofi and Schering of the trial judge’s findings on sound prediction. The principal issue appealed from the trial decision was the holding that that the inventors could not have soundly predicted as of…

(NOC decision appeal) – August 17, 2011 In this decision under the Patented Medicines (Notice of Compliance) Regulations , the Federal Court of Appeal set aside the applications judge’s order prohibiting the issuance of a NOC to Apotex for the medicine…