PCK Reporter

January 29, 2013

Data Protection: an Enantiomer of a Previously-Approved Racemic Mixture Is Automatically a “Variation”

Takeda Canada Inc. v. Canada (Health) – 2013 FCA 13 Takeda Canada appealed from the Federal Court’s decision dismissing Takeda's application for judicial review of a […]
January 29, 2013

The Minister of Health May Reconsider Issuing a NOC for an Application on Patent Hold

Apotex Inc. v. Canada (Health), 2012 FCA 322 Apotex commenced an application for judicial review of the Minister of Health’s treatment of its submission for a […]
January 22, 2013

FCA Clarifies Prior Disclosure and the “Obvious to Try” Analysis

Wenzel Downhole Tools Ltd. v. National-Oilwell Canada Ltd., 2012 FCA 333 Per Gauthier J.A. (Nadon J.A. concurring): This was an appeal from the Federal Court decision […]
January 22, 2013

No Equitable Disgorgement of a Pharma Innovator’s Profits in Ontario, Absent a Cause of Action Independent of the Operation of s. 8 of the PM(NOC) Regulations

Apotex Inc. v. Abbott Laboratories Limited, 2013 ONSC 356 In this case, Apotex claimed damages against Abbott Laboratories and Takeda Pharmaceuticals based on unjust enrichment. On […]
January 22, 2013

Rule 21 Motion to Strike a Statement of Claim and Exceptions to Patent Infringement

Allergan Inc. v. Apotex Inc., 2012 ONSC 398 Apotex moved to strike Allergan’s Statement of Claim which alleged that Apotex infringed its patents covering the compound […]
January 17, 2013

Privacy Limits to Mutual Legal Assistance in Prosecuting Criminal Copyright Infringement

Canada (United States of America) v. Equinix Inc., 2013 ONSC 193 This was an application by the Attorney General of Canada on behalf of the United […]
January 7, 2013

Knowing Assistance in the Context of Patent Procurement

Geographic Resources Integrated Data Solutions v. Peterson, 2012 ONSC 7182 This is an appeal from a Master’s decision dismissing the plaintiffs’ motion to file an Amended […]
January 7, 2013

Challenges to Patents Based on the Statute of Monopolies

Apotex Inc. v. Warner-Lambert Company, 2012 FCA 323 The appellant had brought an application in the Federal Court seeking a declaration that the respondent’s patents 341,330 […]