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HTMLDecisions re Motions to Strike Upheld: Agreement with Ratiopharm Does Not Preclude Teva Section 8 Claim
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
January 5, 2016, previously published on December 17, 2015
The Pfizer appellants (Pfizer) appealed the decision of the Court denying their motion for summary judgment in respect of the action by Teva Canada Limited (Teva) pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (Regulations). The issue in Pfizer's motion related...

 

HTMLClass Action Certification against Pfizer for an Allegation of Unlawful Abuse of the Patent System is Overturned
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
January 5, 2016, previously published on December 17, 2015
The British Columbia Court of Appeal has overturned the certification of a class action relating to the drug Viagra, dismissing the action.

 

HTMLPatent is Not Found to be a Selection Patent, and thus was Anticipated and Obvious
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
December 2, 2015, previously published on November 25, 2015
The Federal Court has dismissed an application for prohibition to prevent the Minister of Health from issuing an NOC to Mylan for cinacalcet hydrochloride.

 

Adobe PDFPTAB Holds Claims Invalid That Were Held To Be Not Invalid In Litigation Appeal
Robert H. Resis; Banner & Witcoff, Ltd.;
Legal Alert/Article
December 2, 2015, previously published on November 17, 2015
The Patent Trial and Appeal Board recently held claims in two separate patents to be invalid that were previously held to be not invalid in a litigation appeal. In separate inter partes review proceedings, the PTAB held that the district court decision, affirmed by the Federal Circuit, upholding...

 

HTMLPatent Infringement Safe Harbor and Importation Redefined: Ruling Incentivizes Generic Pharmaceutical Offshore Product Testing
Rich A. Seeger, William L. Warren, David E. Wigley; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 13, 2015, previously published on November 12, 2015
A recent ruling by the U.S. Court of Appeals for the Federal Circuit has provided an apparent loophole for manufacturers to avoid infringement liability for conducting patented manufacturing quality control steps offshore. On November 10, the Federal Circuit in Momenta Pharmaceuticals, Inc. v. Teva...

 

HTMLStruck Paragraphs Claiming Section 8 Losses Relating to Overall Market Share are Allowed Back into the Pleadings
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
November 2, 2015, previously published on October 21, 2015
The Federal Court has allowed an appeal of a Prothonotary's decision that struck out certain paragraphs of an Amended Statement of Claim without leave to amend. Pfizer brought a motion to strike several paragraphs in Pharmascience's claim pursuant to section 8 of the PM(NOC) Regulations, including...

 

HTMLBenzene From Keystone XL Threat to Drinking Water
Waters Kraus LLP;
Legal Alert/Article
September 24, 2015, previously published on September 21, 2015
Benzene exposure is an established cause of several blood diseases, particularly acute myeloid leukemia (AML) and myelodysplastic syndrome. For many, their disease is associated with benzene exposure on the job. Benzene is commonly used in American industry. It is also highly toxic. For many living...

 

HTMLXarelto Lawsuits Filed at Increasing Rate
Waters Kraus LLP;
Legal Alert/Article
September 24, 2015, previously published on September 18, 2015
Recent U.S. Judicial Panel on Multidistrict Litigation statistics reveal a steady rise in the number of Xarelto lawsuits filed in federal court. Between May 15 and June 15, the increased filings were particularly high. Xarelto bleeding complications have been a problem for thousands of Americans...

 

HTMLAsserting the same patent but different claims in NOC litigation is found to be an abuse of process
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
September 10, 2015, previously published on September 9, 2015
Apotex has struck Gilead's Notice of Application as it relates to a patent that had previously been found to be invalid in an earlier NOC proceeding as an abuse of process (see 2013 FC 1272 ). In the earlier proceeding Teva had alleged claims 1-7 of the patent were invalid. Some claims were dropped...

 

HTMLAn example in a prior art patent inevitably anticipated the invention, even if it was not stated
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
September 10, 2015, previously published on September 9, 2015
In an NOC proceeding, Mylan has successfully alleged invalidity of Takeda's patent claiming the compound pantoprazole magnesium dihydrate.

 


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