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Limitation Periods Patent Litigation

Smart & Biggar

Federal Court holds section 8.2 of the PMNOC Regulations does not impose a limitation period

Smart & Biggar on

On December 22, 2020, the Federal Court issued its decision holding that section 8.2 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) does not impose a limitation period either the same as or...more

Smart & Biggar

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld

Smart & Biggar on

The Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the validity of AstraZeneca’s Patent No. 1,292,693. The patent covered AstraZeneca’s successful product, LOSEC, for...more

Womble Bond Dickinson

Federal Circuit Confirms Laches Remains Available in Patent Infringement Actions

Womble Bond Dickinson on

Laches is an equitable defense based on a plaintiff’s unreasonable delay in pursuing a claim. In 2014, the Supreme Court effectively eliminated the laches defense in copyright cases, ruling that the copyright statute allows...more

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