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Agile licensing, risk, biologics, and more: Wide-ranging amendments to Canada’s drug and medical device regulations

Photo of Sarah PenningtonPhoto of Paul JorgensenPhoto of Kristin Wall
By Sarah Pennington, Paul Jorgensen & Kristin Wall on March 3, 2025

Canada has made wide-ranging amendments to the Food and Drug Regulations (FDR) and the Medical Devices Regulations (MDR). The amendments are intended to deliver on Health Canada’s modernization commitments, codify long-standing policies and practices, and implement…

Federal Court denies samples for testing infringement of biologic process patent

Photo of Paul JorgensenPhoto of Kristin Wall
By Paul Jorgensen & Kristin Wall on December 5, 2024

The Federal Court recently refused to order a defendant to produce samples of cell culture because there was no “reasonable possibility” that testing the samples would yield evidence of patent infringement.  In pharmaceutical patent cases, testing samples of a defendant’s…

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Federal Court refuses to issue injunction on infringed antibody formulation patent

Photo of Christopher A. GuerreiroPhoto of Brian R. DaleyPhoto of Paul Jorgensen
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…

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