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
Patent
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 (…
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
…
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…
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…