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Federal Court Notice on Use of Artificial Intelligence in Court Proceedings

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By Christopher A. Guerreiro, David Yi & Julia Won on January 9, 2024

On December 20, 2023, the Federal Court (Court) published a notice on the use of artificial intelligence (AI) in proceedings (Notice) and interim principles and guidelines on the Court’s own use of AI (…

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Florida approved to import Canadian prescription drugs

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By Sarah Pennington, Kristin Wall & Paul Jorgensen on January 7, 2024

On January 5, 2024, the US Food and Drug Administration (FDA) approved Florida’s proposal to import prescription drugs from Canada. This is the first approval of a Section 804 Importation Program (SIP) by the FDA. Whether…

New Canadian Drug Agency formed, while National Pharmacare bill is delayed into 2024

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By Kristin Wall, Christopher A. Guerreiro & Paul Jorgensen on December 20, 2023

The Government of Canada has announced the creation of the Canadian Drug Agency (CDA). According to the government, the CDA “will provide the dedicated leadership and coordination needed to make Canada’s drug system more sustainable and better prepared…

Federal Court refuses to issue injunction on infringed antibody formulation patent

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By Christopher A. Guerreiro, Brian R. Daley & Paul Jorgensen on December 17, 2023

On December 4, 2023, the Federal Court held that a patent claiming a formulation of adalimumab, a monoclonal antibody used to treat autoimmune diseases, is valid and is being infringed by a biosimilar product. However, the Court refused to issue…

Thirty years of the Patented Medicines (Notice of Compliance) Regulations

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By Gunars Gaikis, Orestes Pasparakis, Brian R. Daley & Kristin Wall on December 3, 2023

This year marks the 30-year anniversary of the Patented Medicines (Notice of Compliance) Regulations (Regulations), introduced in 1993 to prevent patent infringement by linking the regulatory approval of generic or biosimilar drugs with the patent rights of innovators. …

What is a natural health product? Health Canada’s findings upheld by Federal Courts

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By Kristin Wall & Paul Jorgensen on November 20, 2023

In recent months, the Federal Courts have twice upheld Health Canada’s findings as to what is, and is not, a natural health product. The Courts’ decisions provide insight into how natural health products are distinguished, under federal law, from cosmetics…

Drug pricing: PMPRB releases scoping paper to consult on new Guidelines

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By Kristin Wall & Christopher A. Guerreiro on November 12, 2023

The Patented Medicine Prices Review Board (PMPRB) has released a scoping paper on themes and questions to develop new price review Guidelines. The scoping paper also includes information on how stakeholders can participate in the consultation.

The deadline…

Ontario proposes removing barrier to listing “well-established drugs” on its public formulary

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By Julia Won, Paul Jorgensen & Kristin Wall on November 5, 2023

On October 19, 2023, the Ontario government proposed regulatory amendments that may eliminate the need to submit certain clinical studies and evidence when requesting that a “well-established drug” be (i) listed or (ii) designated as interchangeable on Ontario’s publicly-funded formulary. …

Drug pricing: PMPRB announces framework for new guidelines consultation

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By Kristin Wall & Christopher A. Guerreiro on October 26, 2023

The Patented Medicine Prices Review Board (PMPRB) has announced a framework for the launch of its consultation on new guidelines, beginning with a scoping paper to be published in advance of Policy Roundtable sessions to be held December…

Drug reimbursement: CADTH publishes procedures on time-limited reimbursement

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By Sarah Pennington, Kristin Wall & Christopher A. Guerreiro on October 24, 2023

Canada’s Drug and Health Technology Agency (CADTH) has published its procedures for a new time-limited reimbursement recommendation category. This recommendation category is intended to help provide earlier access to new therapies for severe, rare, or debilitating conditions where…

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