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.
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July 5, 2017
July 5, 2017
2016 FC 525 - The Federal Court granted Celltrion’s motion to strike Janssen’s application pursuant to section 6(5)(b) of the PM(NOC) Regulations.
June 27, 2017
June 27, 2017
Case No. UNCT/14/2 - An ICSID Tribunal dismissed Eli Lilly’s claim against Canada, which was brought in relation to two Canadian patents owned by Eli Lilly that had been invalidated for failing to provide the utility they promised.
June 6, 2017
June 6, 2017
2016 FC 344 - Apotex alleged in its Notice of Allegation and submissions that the ‘632 Patent was invalid because it was obvious and lacked utility. The FC found that the allegation was justified.
May 2, 2017
May 2, 2017
2017 FCA 9 - The FCA affirmed the FC decision that AstraZeneca’s patent was valid and infringed, accepted Apotex’s appeal with respects to limitation periods, and rejected AstraZeneca’s cross-appeal regarding punitive damages.
April 25, 2017
April 25, 2017
2016 FC 593 - The FC awarded Janssen Canada and Janssen US almost $19 million in total damages for Teva's infringement of a Japanese entity's patent, for which Janssen US had never even exercised its licence in Canada.
March 14, 2017
March 14, 2017
2015 FC 1237 - The FC heard and granted an application by Leo Pharma to prohibit Teva Canada from being issued a Notice of Compliance under the PM(NOC) Regulations.
February 7, 2017
February 7, 2017
2016 FC 336 - The FC affirmed Prothonotary Tabib’s decision to strike some of Gilead Science's pleadings and allow the infringement action to continue on the basis of amended allegations of a likely future (quia timet) infringement.
February 3, 2017
February 3, 2017
2016 ONSC 7193 - The ONSC heard pleadings by Apotex and Pfizer concerning Pfizer’s, now invalid, patent for Viagra. Apotex had previously been prevented from manufacturing its own generic because of the Viagra patent, and now claimed damages for the delay in being able to market its own variant. The appeal was dismissed and Apotex’s claim was allowed to proceed unstruck.
January 3, 2017
January 3, 2017
2015 FC 1016 - In this decision, the FC permitted the applicant to proceed with its prohibition application, despite a previous decision finding that the patent in question was invalid.
November 23, 2016
November 23, 2016
2015 FC 247 - The Federal Court reminds us that a selection patent will typically require something more than routine testing to justify the reclaiming of a particular compound within a previously known class of compounds.