Merck sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 224) affirming a Federal Court decision upholding Health Canada’s refusal to add a patent relating to a formulation of Merck’s KEYTRUDA, a...more
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: Merck’s appeal was dismissed.
The Federal Court recently dismissed Merck’s application for judicial review of Health Canada’s refusal to add Canadian Patent No. 2,830,806 (806 Patent) to the Patent Register, holding...more
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: 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
/ Anticipation ,
Dismissals ,
Health Canada ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
PMNOC Regulations ,
Popular ,
Treatment Method Patents
Update: On September 24, 2021, the Federal Court of Appeal allowed the Minister’s appeal of this decision and remitted the matter to the Federal Court for redetermination of several issues: Canada (Health) v Elanco Canada...more
3/4/2020
/ Access to Information (ATI) ,
Canada ,
Competition ,
Confidential Information ,
Drug Approvals ,
Health Canada ,
Imminent Harm ,
Judicial Review ,
Protective Orders ,
Public Disclosure ,
Trade Secrets ,
Veterinary Products