News & Analysis as of

Pleadings Appeals Canada

Blake, Cassels & Graydon LLP

Beyond All Hope: Alberta Court of Appeal Clarifies Test for Hopeless Amendments

On February 28, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Remington Development Corporation v ENMAX Power Corporation 2022 ABCA 71, denying the plaintiff’s attempt to amend its pleadings on the basis...more

Smart & Biggar

Rx IP Update - January 2019

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IN THIS ISSUE: -Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative - PMPRB News: **PMPRB issues a Notice of Hearing for allegations of excessive...more

Smart & Biggar

Ontario Court of Appeal allows Sanofi and Schering to plead that Federal Court ramipril patent invalidity decision was flawed due...

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In an action by Apotex for compensation from Sanofi and Schering under the Ontario Statute of Monopolies, U.K. Statute of Monopolies and the Trade-marks Act, the Ontario Court of Appeal has overturned a motion judge’s...more

Smart & Biggar

Update on AstraZeneca SCC and developments on “overpromising” under grounds other than utility

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SCC Update. On October 23, 2017, the Supreme Court of Canada dismissed Apotex’s motion to amend the Supreme Court of Canada’s judgment in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 (reported here, relating to...more

Smart & Biggar

Rx IP Update - November 2016

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Federal Court of Appeal opines on the framework for analyzing obviousness-type double-patenting - On November 4, 2016, the Federal Court of Appeal dismissed Apotex’s appeal in Apotex Inc v Eli Lilly Canada Inc, 2016 FCA...more

Bennett Jones LLP

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

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A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

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