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Searching Content indexed under Litigation, Mediation & Arbitration by Kristin Wall ordered by Published Date Descending.
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Federal Court Of Appeal Agrees That The PMPRB Incorrectly Applied The Patent-Pertaining Analysis
The Federal Court of Appeal has provided new guidance on the proper approach to the "patent pertaining" analysis used by the Patented Medicine Prices Review Board, including on the identification of the medicine ...
Canada
11 Jul 2019
2
Ontario Superior Court Rejects Apotex Attempts To Revive The Promise Doctrine By Dismissing Motion For Leave To Amend, Awards Substantial Indemnity Costs
The Ontario Superior Court of Justice (ONSC) recently denied Apotex's attempt to repackage the now defunct "promise of the patent" doctrine (the Promise Doctrine).
Canada
22 Nov 2018
3
First Motion For Early Patent Dismissal Fails To Meet High Burden Under Newly-Amended PM(NOC) Regulations
On July 6, 2018, the Federal Court dismissed the first motion brought under section 6.08 of the newly-amended Patented Medicines (Notice of Compliance) Regulations (the Regulations).
Canada
1 Aug 2018
4
CETA Tracker: Update On Section 6 Actions Under The Patented Medicines (Notice Of Compliance) Regulations
As we reported, Canada implemented a single-track pharmaceutical patent litigation regime through amendments to the Patented Medicines (Notice of Compliance) Regulations (the Regulations) on September 21, 2017.
Canada
25 May 2018
5
Pharma In Brief - Federal Court Dismisses Apotex's Application For Judicial Review Of Health Canada Decision Rejecting ANDS For Apo-Progesterone
Health Canada rejected Apotex's ANDS for a generic version of PROMETRIUM® (progesterone) due to high levels of sodium lauryl sulfate (SLS).
Canada
15 Feb 2017
6
Pharma In Brief - FCA Confirms That Inventor Should Not Be Held To Elevated Standard Of Utility Absent A Clear And Unambiguous Promise
The patent identifies the need to develop polymers that can form thinner films with improved strength and describes that prior efforts to improve polymer material strength often resulted in a reduction in toughness.
Canada
15 Sep 2016
7
Update: SCC Denies Leave To Appeal – Pharmacy Customer Incentive/Loyalty Programs For Drugs And Pharmacy Services Remain Prohibited In BC
The College of Pharmacists of British Columbia (CPBC) is the regulatory body responsible for licensing and registering pharmacists, pharmacies and pharmacy technicians in British Columbia.
Canada
11 Jul 2016
8
Pharma In Brief - Federal Court Strikes Application To Declare The Price Control Provisions Of The Patent Act Unconstitutional
In January 2015, the Patented Medicine Prices Review Board commenced a proceeding against Alexion Pharmaceuticals Inc. alleging it had sold its drug SOLIRIS® (eculizumab) at an excessive price.
Canada
5 Jul 2016
9
Federal Court Stays NOC Issuance Pending Judicial Review Of New Drug's Entitlement To Data Protection
Horizon Pharma PLC (Horizon) is seeking approval to market the drug RAVICTI (glycerol phenylbutyrate) for the treatment of urea cycle disorders (UCDs).
Canada
30 Mar 2016
10
Pharma In Brief - Federal Court Stays NOC Issuance Pending Judicial Review Of New Drug's Entitlement To Data Protection
Horizon Pharma PLC is seeking approval to market the drug RAVICTI (glycerol phenylbutyrate) for the treatment of urea cycle disorders.
Canada
15 Jul 2015
11
Pharma In Brief - Federal Court Of Appeal Affirms Rejection Of Heightened Sound Prediction Patent Disclosure Requirements
Allergan obtained a prohibition order against Apotex under section 6 of the PMNOC Regulations with respect to the drug bimatoprost and Canadian Patent No. 2,585,691
Canada
16 Jun 2015
12
Pharma In Brief - Supreme Court Of Canada Affirms Federal Court Of Appeal In Ramipril Section 8 Quantification Action
On April 20, 2015, the Supreme Court of Canada (SCC) heard Sanofi-Aventis’ appeal of the Federal Court of Appeal section 8 quantification decision with respect to the drug Ramipril.
Canada
30 Apr 2015
13
Pharma In Brief - Canada: Merck Awarded Substantial Damages For Infringement Of Lovastatin Patent
The Federal Court held that Merck and Co., Inc. ("Merck US") and Merck Canada Inc. ("Merck Canada") (collectively "Merck") are entitled to $119,054,327 in damages plus pre and post judgment interest arising from Apotex Inc.’s ("Apotex") infringement of Canadian Patent No 1,161,380 (the "‘380 Patent") with respect to the anti-cholesterol drug MEVACOR (lovastatin).
Canada
1 Aug 2013
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