Tag archives: Federal Court

Federal Courts begin to phase out the Suspension Period

On June 11, 2020 the Federal Court (FC) and Federal Court of Appeal (FCA) published updated notices to gradually phase out the Suspension Period, which had previously been extended to June 15, 2020.

Federal Court

The FC’s June 11, 2020 Practice Direction and Order (Updated Order), amends its previous Practice Directions, which, subject to the amendments listed, continue to remain in force. The Updated Order provides for different procedures by region.

Ontario, Québec and the Territories

Suspension Period: Subject to the five exceptions listed in April 29th practice direction, the Suspension Period is … Continue Reading

Federal Courts Extend Suspension Periods to June 15

The Federal Court of Appeal (FCA) and the Federal Court (FC) have extended their Suspension Periods to June 15, 2020.

Federal Court of Appeal

On May 28, 2020, the FCA issued a Notice to the Parties and the Profession extending the Suspension Period to June 15, 2020.

Federal Court

On May 29, 2020, the FC issued an updated Practice Direction and Order (FC Update), also extending the Suspension Period to June 15, 2020. Pursuant to the FC Update:

  • the Suspension Period is still subject to the five exceptions listed in the FC’s Practice Direction
Continue Reading

Federal Court comments on the admissibility of ‘but for’ world s. 8 evidence and rejects generic pipefill claim

Case:  Eli Lilly Canada Inc et al v Teva Canada Limited, 2017 FC 88

Drug:  ZYPREXA® (olanzapine)

Nature of case: Action pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations)

Successful party: Teva Canada Limited

Date: April 4, 2017 (public reasons)

Summary

The Federal Court established the parameters to calculate Teva Canada Limited’s damages for being delayed from entering the olanzapine market, clarified evidentiary issues on fact witnesses and hearsay, and rejected Teva’s argument that its damages should include a pipefill adjustment.

Teva sought damages from Eli Lilly Canada Inc. … Continue Reading

LexBlog