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Represented , the , and , which contributed with other investors up to $40 million USD to finance the development of Montreal-based Enobia Pharma's enzyme replacement therapy for the genetic bone disorder hypophosphatasia.
Represented the applicants (Rx&D) and 17 co-applicant Rx&D member companies before the Federal Court as it set aside a Communiqué issued by the Patented Medicine Prices Review Board (PMPRB) advising patentees full mandatory reporting would be required, and the calculation of the average price of a medicine must include any and all benefits that are "connected to sales transactions", including payments to third parties. This would have required, for example, the reporting of any payments to provinces by manufacturers, by reason of risk expenditure agreements and the like. The court ruled payments to third parties are not required to be reported under the current Patented Medicines Regulations. Click here for more details.
Represented interveners (Rx&D) and before the Federal Court, which upheld Canada's Food and Drug Regulations as they relate to data protection/data exclusivity granted to innovators (the Data Protection Regulations). Generic manufacturers (the association, Canadian Generic Pharmaceutical Association and Apotex Inc.) challenged that the Regulations, which came into force on October 5, 2006, were outside of federal jurisdiction. However, the Court ruled the Regulations were within the federal government's authority and were valid. Click here for more details.
Counsel to Sanofi-Synthelabo Canada Inc. and Sanofi-Synthelabo on their November 2008 win before the Supreme Court of Canada dismissing Apotex Inc.'s appeal and upholding an order of prohibition granted in Sanofi's favour under the Patented Medicines (Notice of Compliance) Regulations for the drug PLAVIX. The unanimous decision confirmed the legitimacy of selection patents and is now a leading case for a number of key patent issues. Gowlings won Patent Case of the Year award at the 2009 Managing Intellectual Property Awards for Apotex Inc. v. Sanofi-Synthelabo Canada Inc. Click here for more details.
Represented in its acquisition of Arius Research Inc., a $192 million all-cash transaction, one of 2008's leading biotech deals.
Counsel on intellectual property matters to , including, in addition to work for Pfizer, Bayer, Bristol-Myers Squibb, Eli Lilly, GlaxoSmithKline, Hoffmann-La Roche, Johnson & Johnson, Merck, Novartis, Sanofi-Aventis, Schering Plough, Takeda, and Wyeth.
Counsel to (the innovative pharmaceutical manufacturers' association in Canada) on various matters including on litigation, policy and legislative reform.
Represented before the Supreme Court of Canada on the scope and interpretation of the Patented Medicines (Notice of Compliance) Regulations in the Biolyse case.
Represented Intervenor, (the trade association for biotechnology in Canada), in the Supreme Court of Canada Monsanto v. Schmeiser appeal on protection of gene patents.
Counsel for patentees in more involving allegations of excessive pricing than any other firm in Canada. Clients include Sanofi-Aventis (NICODERM and PENLAC Nail Lacquer products), Janssen-Ortho Inc. (RISPERDAL CONSTA and CONCERTA products) and Shire Canada Inc. (the ADDERALL XR product).
Represented in Ford v. F. Hoffmann-La Roche Ltd. (vitamins) in the largest national Canadian competition law class action. After four years of litigation and negotiations, the Ontario, British Columbia and Québec courts approved settlements.
Represented shareholders of , a Phase 1 contract research organization, in connection with the sale of their shares to Kendle International, Inc.
Represented in its acquisition by SunOpta Inc. and acted for SunOpta (Purity Life Division) in its purchase Jamieson's QUEST line.
Represented , one of Canada's largest public hospitals, in connection with its $137 million agreement with Telus Sourcing Solutions for the delivery of human resource services.
Represented , a clinical trial and data management software company, in a multimillion-dollar venture capital financing round.
Represented , a medical device company, in connection with its 2006 IPO on the Toronto Stock Exchange.
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