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.

March 27, 2013

FC Rejects Ranbaxy’s Allegation that Astrazeneca’s Patent for Enteric Coating of Omeprazole Is Invalid for Obviousness

Astrazeneca Canada Inc. v. Ranbaxy Pharmaceuticals Canada Inc., 2013 FC 232 Astrazeneca brought an application under section 5 the PM(NOC) Regulations defending Canadian Patent No. 2,170,647 […]
March 26, 2013

Hughes J. Holds the Relevant Date for Assessing Sufficiency of a Canadian Patent Is the Date of Publication

Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2013 FC 283 Novartis brought two applications under the provisions of the PM(NOC) Regulations to restrain the Minister […]
March 15, 2013

FC Holds CIPRALEX Patent Is Valid, Apotex Must Account for Profits of Infringement

Apotex Inc. v. H. Lunbeck A/S, 2013 FC 192 Apotex sought a declaration of invalidity against Lundbeck’s Canadian patent 1,339,452 (‘452) covering the serotonin reuptake inhibitor […]
March 13, 2013

Ongoing Infringement Trial Not Grounds for ex turpi causa Argument to Delay Determination of s. 8 Damages under the PM(NOC) Regulations

AstraZeneca Canada Inc. v. Apotex Inc., 2013 FCA 77 AstraZeneca appeals the trial court’s decision in a proceeding commenced by Apotex under s. 8 of the […]
March 13, 2013

FC Finds Teva’s Allegation Justified that the SEROQUEL Patent is Obvious

AstraZeneca Canada Inc. v. Teva Canada Limited, 2013 FC 245 AstraZeneca seeks an order prohibiting the Minister of Health from issuing a Notice of Compliance to […]
March 4, 2013

FC Invalidates Four of the GLEEVEC Patent Claims for Inutility Due to Lack of Sound Prediction

Teva Canada Limited v. Novartis AG, 2013 FC 141 Novartis is the owner of Canadian Patent No. 2,093,203 (the '203 Patent) covering imatinib, the active ingredient […]
February 27, 2013

Teva and Apotex’s Allegations, that the GLEEVEC Patent Is Invalid, Are Not Justified

Novartis Pharmaceuticals Canada Inc. v. Apotex Inc., 2013 FC 142 Novartis is the owner of Canadian Patent No. 2,093,203 (the '203 Patent) covering imatinib mesylate, the […]
February 27, 2013

Ont. Div. Ct. Reinforces Unavailability of Equitable Disgorgement under S. 8 of PM(NOC) Regs

Apotex Inc. v. Eli Lilly, 2013 ONSC 1135 (Div. Ct.) Lilly sought leave to appeal from a decision of Justice J. Macdonald of the Ontario Superior […]
February 25, 2013

FCA Upholds Order that Apotex Produce Esomeprazole Samples in Patent Infringement Case

Apotex Inc. v. Astrazeneca Canada Inc., 2013 FCA 47 Apotex is the defendant to an infringement action brought by AstraZeneca. In the course of that proceeding, […]
February 25, 2013

FCA Clarifies Test for Production of Samples under Rule 249 of the Federal Court Rules

Apotex Inc. v. Eli Lilly Canada Inc., 2013 FCA 45 This was an appeal by Apotex from a FC decision upholding the order of Prothonotary Aronovitch […]
February 21, 2013

Divided FCA Denies Data Protection for THALOMID

Canada (Health) v. Celgene Inc., 2013 FCA 43 This was an appeal from a Federal Court decision granting Celgene’s application for judicial review and quashing the […]
February 11, 2013

PM(NOC): Notice of Allegation Against the LYRICA Patent Upheld on Grounds of Insufficiency and Inutility for Lack of Sound Prediction

Pfizer Canada et al. v. Pharmascience Inc., 2013 FC 120 Pfizer brought an application under the PM(NOC) Regulations to prohibit the Minister of Health from issuing […]
January 29, 2013

PM(NOC): Application for Prohibition Is Moot after NOA Is Withdrawn

Eli Lilly Canada Inc. v. Teva Canada Limited – 2013 FC 28 This application was brought by Eli Lilly Canada under the PM(NOC) Regulations, seeking an […]
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 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 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 […]