PCK Reporter

March 10, 2014

FCA Dismisses Pfizer’s Appeal Challenging Admissibility and Weight of Apotex Expert’s Testimony

Pfizer Canada Inc v Apotex Inc, 2014 FCA 54 - The Court rejected Pfizer's argument that the trial judge did not properly apply the R. v. J.-L.J., 2000 SCC 51 case when assessing the admissibility of what Pfizer alleged were novel scientific theories put forth by Apotex’s expert.
March 10, 2014

Federal Court of Appeal Upholds Disqualification, But Refuses to Invalidate Cobalt’s Notice of Allegation

Valeant Canada LP v Canada (Health), 2014 FCA 50 - The Court dismissed an appeal from the Federal Court’s decision to grant Valeant’s motion to disqualify Cobalt’s in-house lawyer from any further involvement in the application before the Court on the ground that he could be presumed to have Valeant’s confidential information.
February 18, 2014

Federal Court Holds Valeant’s Prohibition Application Is Not Abuse of Process

Valeant Canada LP v. Cobalt Pharmaceuticals – 2013 FC 1254 Cobalt moved, pursuant to s. 6(5)(b) of the PM(NOC) Regulations, to dismiss as an abuse of […]
February 11, 2014

Federal Court Adopts a More Restrained Approach to Construing Promise of the Celebrex Patent

Pfizer Canada Inc. v. Mylan Pharmaceuticals ULC – 2014 FC 38 In this case Pfizer brought a prohibition application under the PM(NOC) Regulations to prevent the […]
January 30, 2014

Commissioner’s Decision Upheld on Judicial Review

University of California v Commissioner of Patents [2014 FC 80]   Background The Applicant – University of California – sought judicial review pursuant to s. 18.1 […]
January 27, 2014

FCA upholds “other” Viagra decision

Pfizer Ireland Pharmaceuticals v Apotex Inc. [2014 FCA 13] Background This is an appeal of the summary judgment decision of Justice Zinn where he declared a […]
January 23, 2014

Human Antibody Patent Upheld at FC

AbbVie Corporation v Janssen Inc. [2014 FC 55]   Background The action is in respect of a patent directed to human antibodies capable of binding a […]
January 7, 2014

Alcon’s Opthalmic Solution Patent Ruled Invalid in NOC Proceeding

Alcon Canada Inc. v Apotex Inc. [2012 FC 410]   Background The patent at issue is Canadian Patent 2,195,094. The patent is for a topical ophthalmic […]
January 7, 2014

FC Allows Application in Part – Prevents NOC from Issuing

Gilead Sciences Inc. v Canada (Health) [2013 FC 1270] Bristol-Myers Squibb v Canada(Health) [2013 FC 1271] Gilead Sciences Inc. v Canada(Health) [2013 FC 1272]   Background […]
January 7, 2014

Prothonotary Order Upheld – sur-reply not available to Apotex

Pfizer Canada Inc. v Apotex Inc. [2013 FC 1249]   Background This is an appeal of an order by Prothonotary Aalto denying the applicants request to […]