Tag archives: Patent

Two PM(NOC) Actions Dismissed After Common Trial on Validity of Treatment Regimen Patent

The Federal Court has dismissed two infringement actions brought against defendants under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (Regulations), following a common trial on the validity of Canadian Patent No. 2,562,277 (277 Patent). The Court found that all the asserted claims – to uses for treating multiple sclerosis (MS) – were obvious and that some were anticipated. This is the third decision on the merits of an action under the Regulations since they were amended in September 2017. We previously reported on the first and second trial judgments.

The actions. Continue Reading

Federal Court dismisses motion for determination of an issue of law under the new PM(NOC) Regulations

The Federal Court dismissed Pharmascience Inc.’s (Pharmascience) motion to determine a question of law on the issue of whether a first person can commence an action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations) for a drug for which there are no patents listed on the patent register. The Court held that the facts required to determine the motion were contested so answering the question of law would not determine the dispute as between the parties. It also stated that, in the context of the PM(NOC) Regulations, such motions may … Continue Reading

CETA tracker: patent term restoration is coming soon to Canada – what you need to know now

Treaty/Act: CETA/Bill C-30 (An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures)

With Canada moving closer towards implementing the Comprehensive Economic and Trade Agreement (CETA), major reforms to Canada’s Patent Act are coming soon, including the availability of Certificates of Supplementary Protection (CSPs): a new form of patent protection (i.e., patent term restoration) for pharmaceuticals in Canada. A CSP may extend the patent term of eligible pharmaceutical products by up to two years.

While further details … Continue Reading

Supreme Court dismisses leave to appeal regarding test for obviousness-type double patenting in tadalafil s.6 case

Case: Apotex Inc v Eli Lilly Canada Inc, et al (SCC Docket 37368)

Drug: CIALIS® (tadalafil)

Nature of case: Application for leave to appeal decision upholding prohibition order granted pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations)

Successful party: Eli Lilly Canada Inc. and ICOS Corporation (collectively Eli Lilly)

Date of decision: April 27, 2017

Summary

On April 27 the Supreme Court dismissed Apotex Inc.’s (Apotex) application for leave to appeal the Federal Court of Appeal (FCA) decision upholding the order prohibiting the minister of health from … Continue Reading

Current directions in regulatory and intellectual property law in Canadian pharmaceutical cases

Recent pharmaceutical cases in regulatory and intellectual property law have resulted in developments on several fronts, including:

  • regulatory matters;
  • patent validity and damages;
  • Patented Medicines (Notice of Compliance) Regulations proceedings; and
  • class actions.

In this paper, we review some of the most notable Canadian decisions from 2015 that will continue to impact the legal landscape for the pharmaceutical industry in Canada over the coming year.

Download the brochure here: 2015 Pharma in Brief (pdf 2.15MB)… Continue Reading

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