Pardeep Heir

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FCA upholds selection patent protecting apixaban and rejects that a second patented invention was obvious to try

Photo of Pardeep HeirPhoto of Christopher A. GuerreiroPhoto of Kristin WallBy Pardeep Heir, Christopher A. Guerreiro and Kristin Wall on Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences
The Federal Court of Appeal (FCA) has dismissed an appeal concerning four actions related to the molecule apixaban under the Patented Medicines (Notice of Compliance) Regulations (Regulations). The Federal Court (FC) found the patents at issue to be valid. Background Bristol-Myers Squibb Canada Co. (BMS) markets ELIQUIS® (apixaban) in Canada for the treatment of thrombosis. … Continue reading

Federal Court finds 45-day limitation period does not apply to s 8.2 PM(NOC) related rights of action for unlisted patents

Photo of Pardeep HeirPhoto of Paul JorgensenPhoto of Kristin WallBy Pardeep Heir, Paul Jorgensen and Kristin Wall on Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences
Summary The Federal Court has held that the “related right of action” for infringement of unlisted patents under section 8.2 of the Patented Medicines (Notice of Compliance) Regulations (Regulations) is not subject to the 45-day limitation period familiar to patentees asserting infringement of listed patents under subsection 6(1). Background Merck Canada Inc. and Merck Sharp … Continue reading
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