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HTMLFederal Circuit Upholds Broad Hatch-Waxman Venue Options for Innovator Pharmaceutical Companies
Gregory A. Castanias, Pablo D. Hendler, Matthew J. Hertko, Anthony M. Insogna, Gasper J. LaRosa; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
On March 18, 2016, the United States Court of Appeals for the Federal Circuit issued a combined opinion in Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., No. 2015-1456, and AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 2015-1460, holding that an Abbreviated New Drug Application...

 

HTMLMotion Challenging the Listing of a Patent on the Patent Register Filed Before the 2015 Amendments to the PM(NOC) Regulations is Decided on the Basis of the Old Regulations
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 31, 2016, previously published on March 16, 2016
Apotex has successfully challenged the listing of a patent on the Patent Register pursuant to paragraph 4(2)(a) of the PM(NOC) Regulations.

 

HTMLSupreme Court Leave to Appeal Granted
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 31, 2016, previously published on March 16, 2016
The Supreme Court has granted AstraZeneca leave to appeal in its application which asks the correct applicable standard for patent utility in Canada and whether a promised utility doctrine properly exists. This is an appeal from the Federal Court of Appeal in 2015 FCA 158. The following summary was...

 

Adobe PDFCarter v. The Pain Center of Arizona
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
March 4, 2016, previously published on February 2, 2016
After a fall, Carter met with Dr. Towns, who recommended a sacrococcygeal ligament injection for her pain. When Carter expressed anxiety about the injection, Towns offered to sedate her for the procedure. When Carter returned for the injection, she signed a consent form indicating the procedure was...

 

Adobe PDFWatts v. Medicis Pharmaceutical Corp.
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
March 4, 2016, previously published on January 21, 2016
Watts, a minor, sought medical treatment for acne and her doctor gave her a prescription for Solodyn, a drug manufactured by Medicis. Medicis’ full informational materials warned that the long-term use of minocycline, an ingredient in Solodyn, had been associated with drug-induced lupus-like...

 

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.

 

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 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.

 

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...

 


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