PM(NOC)

The Patented Medicines (Notice of Compliance) Regulations regulations link the patent system to the regulatory regime for food and drugs in Canada.

May 29, 2013

PM(NOC): s. 8 Issues Circumscribed by Antecedent s. 6 Proceeding; s. 6 Claim Construction Binding on s. 8 Proceeding in Absence of Strong Reason to the Contrary

Apotex Inc. v Pfizer Canada Inc. – 2013 FC 493 Apotex claimed damages under s. 8 of the PM(NOC) Regulations on grounds that it incurred a […]
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 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 […]
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 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PM(NOC): Application for Prohibition Is Moot after NOA Is Withdrawn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 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 […]