Patents

Case summaries and articles about  patents.

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 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 […]