Pharmaceutical Patent
Pharmaceutical inventions have been the subject of special provisions in the past, the likes of which have not been applied to other inventions. Furthermore, pharmaceuticals are the subject of much government regulation outside of the patent system.
June 27, 2018
2018 FCA 32 - The FCA dismissed Apotex’s appeal challenging the remedial decision, regarding Bayer's Canadian Patent No. 2,382,426, holding that subsection 57(1) of the Patent Act did not grant a defendant in a patent infringement suit the right to choose an accounting of profits over damages to be paid to the patentee.
January 16, 2018
2017 FC 857 - The Federal Court upheld the Minister of Health’s decision to cancel reconsideration for Apo-Omeprazole Magnesium Tablets manufactured by Apotex Inc. This is yet another failed attempt by Apotex to obtain approval for the magnesium tablet form of its anti-ulcer drug.
November 14, 2017
2016 FC 1362 - The formulation patent for the insomnia-treating drug zolpidem was found to be substantially valid, but not infringed by Pharmascience's generic version of zolpidem.
October 10, 2017
2017 FCA 161 - The FCA dismissed Idenix's appeal to a FC decision in which Idenix's Canadian patent was found invalid for insufficient disclosure and its counterclaim against Gilead was dismissed.
August 22, 2017
2016 FCA 161 - The FCA remitted a proceeding back to the FC for redetermination after agreeing with Pfizer that part of Teva’s evidence in the FC decision was based on hearsay.