Latest Publications

Share:

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Federal Court of Appeal dismisses appeal of SPRAVATO “innovative drug” decision

On November 10, 2021, the Minister of Health refused to reassess its decision that Janssen’s esketamine hydrochloride product (SPRAVATO) was not an “innovative drug” and therefore not entitled to data protection. As...more

Dexlansoprazole formulation patent invalid and not infringed by Apotex

On February 7, 2024, the Federal Court dismissed Takeda’s action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations in relation to dexlansoprazole (Takeda’s DEXILANT). Justice Furlanetto...more

Federal Court of Appeal affirms Minister of Health reasonable in concluding successor second person was entitled to benefit of NOA...

On May 26, 2023, the Minister of Health determined that Biosimilar Collaborations Ireland Limited was entitled to the benefit of section 5 of the Patented Medicines (Notice of Compliance) Regulations (Regulations), including...more

Federal Court finds no procedural unfairness in Minister of Health’s decision that smoking cessation aid not a natural health...

On November 2, 2023, the Federal Court dismissed The Winning Combination (TWC)’s application for judicial review of Health Canada’s decision to refuse a natural health product licence for Resolve, a smoking cessation aid:...more

Minister of Health reasonable in concluding successor second person was entitled to benefit of NOA served by predecessor

On May 26, 2023, the Minister of Health issued a decision that Biosimilar Collaborations Ireland Limited (BCIL) was entitled to the benefit of a notice of allegation (NOA) served by the previous owner of a new drug submission...more

CADTH releases 2022-2023 Annual Report

On August 3, 2023, the Canadian Agency for Drugs and Technologies in Health (CADTH) released its annual report. Highlights from 2022-2023 include...more

Apotex’s section 8 claim for Apo-Atomoxetine dismissed

On March 30, 2023, the Ontario Superior Court of Justice dismissed Apotex’s claim under section 8 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) relating to Apo-Atomoxetine (Lilly’s...more

Supreme Court of Canada denies Apotex leave to appeal ONCA olanzapine Statutes of Monopolies decision

As we previously reported, the Ontario Court of Appeal affirmed the lower court’s decision dismissing Apotex’s claims against Eli Lilly under the Ontario and English Statutes of Monopolies, Trademarks Act, and common law...more

Federal Court dismisses motion to adjourn section 8 trial to complete document production from non-party generics

As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (422 patent)—which relates to treatment of prostate cancer in humans by co-administration of abiraterone acetate (Janssen’s ZYTIGA) and...more

Minister of Health announces National Strategy for Drugs for Rare Diseases

On March 22, 2023, the Minister of Health announced the first-ever National Strategy for Drugs for Rare Diseases. This strategy includes $1.5 billion invested to “increase access to, and affordability of, effective drugs for...more

Federal Court concludes Minister of Health’s decision not to reassess data protection for SPRAVATO in view of CUSMA is reasonable

Before approving Janssen’s esketamine hydrochloride product (SPRAVATO) on May 20, 2020, the Minister of Health determined that it was not an “innovative drug” as defined by section C.08.004.1(1) of the Food and Drug...more

Certificate of Supplementary Protection filing fee increase effective April 1, 2023

On April 1, 2023, the fee for filing a Certificate of Supplementary Protection (CSP) will increase from $9,952 to $10,152 in accordance with subsection 9(1) of the Certificate of Supplementary Protection Regulations (Canada...more

Federal Court rejects pre-trial determination of a question of law about the nature of the section 8 but-for world

As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (422 patent) – which relates to treatment of prostate cancer in humans by co-administration of abiraterone acetate (Janssen’s ZYTIGA) and...more

Federal Court rejects trial of common issues and allows pleadings amendment re: supply disruptions in abiraterone acetate amended...

As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (“422 patent”) – which relates to treatment of prostate cancer in humans by co-administration of abiraterone acetate (marketed by Janssen...more

Ontario Court of Appeal affirms dismissal of Apotex’s Statutes of Monopolies and Trademarks Act claims regarding olanzapine

On March 8, 2021, the Ontario Superior Court of Justice dismissed Apotex’s claims against Eli Lilly (Lilly) under the Statute of Monopolies, Trademarks Act, and common law conspiracy relating to Canadian Patent No. 2,041,113...more

Certificate of Supplementary Protection filing fee increase effective April 1, 2022

On April 1, 2022, the fee for filing a Certificate of Supplementary Protection (CSP) will increase from $9,756 to $9,952 in accordance with subsection 9(1) of the Certificate of Supplementary Protection Regulations (Canada...more

Federal Court remits BELSOMRA CSP timing refusal for redetermination

On August 9, 2019, the Minister of Health denied Merck’s application for a Certificate of Supplementary Protection (CSP) for Canadian Patent No 2,670,892 relating to the drug suvorexant (Merck’s BELSOMRA). On September 29,...more

Proposed amendments to Food and Drug Regulations and Medical Devices Regulations would modernize the regulatory system for...

On July 31, 2021, the Minister of Health provided notice of proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations. The amendments are planned for spring 2022 and are intended to modernize...more

Federal Court stays re-examination of glatiramer acetate patent pending appeal in PMNOC proceeding

On April 26, 2021, the Federal Court granted Teva’s motion for a stay of the re-examination proceeding commenced by Pharmascience in respect of Canadian Patent No. 2,760,802 (802 patent) relating to glatiramer acetate (Teva’s...more

Ontario Superior Court dismisses Apotex’s Statutes of Monopolies and Trademarks Act claims regarding olanzapine

Update: Apotex has appealed. On March 8, 2021, the Ontario Superior Court of Justice granted Eli Lilly’s (Lilly) motion for summary judgment and dismissed Apotex’s claims under the Statutes of Monopolies, Trademarks Act, and...more

Federal Court finds silodosin formulation patent valid but not infringed

On December 24, 2020, the Federal Court issued a decision in a patent infringement action pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations relating to silodosin (Allergan’s RAPAFLO): Allergan...more

Brexit prompts amendment to CSP Regulations

On December 21, 2020, the Certificate of Supplementary Protection Regulations were amended to add the United Kingdom as a “prescribed country” for the purpose of determining the timeliness of the Certificate of Supplementary...more

Certificates of Supplementary Protection filing fee increase effective April 1, 2021

On April 1, 2021, the fee for filing a Certificate of Supplementary Protection (CSP) will increase from $9,564 to $9,756 in accordance with subsection 9(1) of the Certificate of Supplementary Protection Regulations...more

59 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide