Topic: Uncategorized

Bill C-4: New CUSMA Implementation Act Introduced

By Caroline Henrie, Christopher A. Guerreiro and Kristin Wall on February 4, 2020 Posted in Uncategorized

On January 29, 2020, the Government introduced Bill C-4 to implement the Canada-United States-Mexico Agreement (CUSMA). The Bill, sponsored by Deputy Prime Minister Freeland, was read for the first time the same day. As we reported, the previous Government’s CUSMA implementation bill (Bill C-100) died on the Order Paper as it was not passed into … Continue reading

Ontario implements regulatory changes to streamline drug formulary listing and reduce government payments to pharmacies

By William Chalmers and Kristin Wall on December 19, 2019 Posted in Uncategorized

The Ontario Ministry of Health and Long-Term Care (the Ministry) has amended Regulations made under the Ontario Drug Benefit Act (ODBA) and the Ontario Drug Interchangeability and Dispensing Fee Act (DIDFA). The new Regulations are substantially similar to those originally proposed (as we reported). The intended effect of the amendments is to reduce technical requirements … Continue reading

Health Canada consulting on the contents of the Generic Submissions Under Review List

By Christopher A. Guerreiro, Kristin Wall and Pharma in Brief team on January 27, 2019 Posted in Uncategorized

On January 7, 2019, Health Canada opened a consultation on whether to include the names of sponsor companies on the generic submissions under review list (GSUR) for Abbreviated New Drug Submissions (ANDSs). This type of information was recently added to the list of drug and health product submissions under review (SUR) that Health Canada has … Continue reading

Pharma in Brief – Federal Court dismisses application for a prohibition order regarding prasugrel hydrochloride under the old PM(NOC) Regulations

By Corey McClary, David Yi and Allyson Whyte Nowak on August 13, 2018 Posted in Uncategorized

The Federal Court dismissed an application by Eli Lilly Canada Inc., Ube Industries, Ltd., and Daiichi Sankyo Company, Limited (the Applicants) seeking a prohibition order regarding Apotex’s generic version of Lilly’s EFFIENT® (prasugrel hydrochloride). While the Court rejected Apotex’s allegations of overbreadth, insufficiency, and non-patentable subject matter, it held that the claims were obvious. Background … Continue reading

Federal Court upholds patent validity and grants prohibition order against generic lisdexamfetamine in pre-CETA PM(NOC) application

By Jonathan Chong, Brian R. Daley and Jordana Sanft on July 16, 2018 Posted in Uncategorized

The Federal Court dismissed Apotex’s action to invalidate the claims of Canadian Patent No. 2,527,646 (the 646 Patent), which was consolidated with Shire’s application to prohibit the Minister of Health from issuing a Notice of Compliance for Apotex’s generic version of VYVANSE® (lisdexamfetamine). Shire’s counterclaim for infringement in the action was dismissed but the Court … Continue reading

FCA upholds damage award based on Teva’s infringing sales of levofloxacin

By Paul Jorgensen, Judith Robinson and Allyson Whyte Nowak on February 14, 2018 Posted in Uncategorized

The Federal Court of Appeal has upheld the Federal Court’s order that Teva Canada Limited pay Janssen Inc. (Janssen Canada) and Janssen Pharmaceuticals, Inc. (Janssen US) over $18 million for infringing sales of levofloxacin (reported here). The Court of Appeal’s decision addresses standing, mitigation, market reconstruction, and how freely a trial judge can swing the … Continue reading