News & Analysis as of

Concurrent Litigation Canada

Smart & Biggar

Federal Court dismisses motion for a fifth generic to be added to rivaroxaban trial of common issues under PMNOC Regulations

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The Federal Court had previously allowed a concurrent trial on common invalidity issues in actions under the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) against four generic manufacturers:...more

Smart & Biggar

No Section 8 Liability for Valid and Infringed Patent in NEXIUM Proceeding

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What happens when a patentee is unsuccessful in a prohibition application under the Patented Medicines (Notice of Compliance) (PMNOC) Regulations against a generic entrant, but subsequently prevails in an infringement action...more

Smart & Biggar

AstraZeneca succeeds in omeprazole patent infringement profits case

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The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more

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