Tag archives: Pharmaceutical cases

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 … Continue reading

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

By Colin Hyslop and Judith Robinson on November 29, 2019 Posted in Pharmaceuticals and life sciences

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 … Continue reading

Top Headlines of 2018

By Kristin Wall on January 14, 2019 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

Last year ushered in a number of changes to the Canadian pharmaceutical and life sciences sector. 2018 also served as a year to explore the impacts of major intellectual property decisions and regulatory changes from 2017 including the impact of the Supreme Court’s decision in NEXIUM striking down the Promise Doctrine and the implementation of … Continue reading

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

By Judith Robinson on April 10, 2017 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

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 … Continue reading