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 ,
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Dismissals ,
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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
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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
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Canada ,
Claim Construction ,
Dismissals ,
Interlocutory Orders ,
Motion for Summary Judgment ,
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Patent Infringement ,
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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 ,
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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
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Apotex ,
Appeals ,
Canada ,
Dismissals ,
Minister of Health ,
Notice of Compliance ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
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Patents ,
Pharmaceutical Patents
Update: On November 2, 2021, the Federal Court of Appeal dismissed C-RNA’s appeal from McHaffie J.’s decision: Canada RNA Biochemical Inc v Canada (Minister of Health), 2021 FCA 213.
On June 4, 2020 the Federal Court...more
On May 15, 2020, Manson J. of the Federal Court dismissed two actions brought by Biogen under the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) alleging infringement of Patent No. 2,562,277 (277...more
6/5/2020
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Dismissals ,
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Patent Infringement ,
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Treatment Method Patents
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