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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...

 

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...

 

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.

 

HTMLProduction Order Challenge Results in Recognition of Duty to Assert Consumer Privacy Rights
Bonnie Freedman, Graeme Hamilton; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 19, 2016
On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties. The Court...

 

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.

 

HTMLUpdate on Bill 122: Amendments to the Mental Health Act and Health Care Consent Act
Barbara Walker-Renshaw; Borden Ladner Gervais LLP;
Legal Alert/Article
January 5, 2016, previously published on December 18, 2015
Bill 122 passed third reading and received Royal Assent on December 10, 2015. The amended legislation comes into force on December 21, 2015. The amendments affect practice and procedure at Ontario's Schedule 1 psychiatric facilities as they relate to the management of long-term involuntarily...

 

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...

 

Adobe PDFPublic Disclosure of Private Facts: Recent Privacy Law Decisions
Larry P. Reimer, Laina Smith; Blaney McMurtry LLP;
Legal Alert/Article
October 20, 2015, previously published on October 5, 2015
In 2012 the Ontario Court of Appeal was presented, in the case of Jones v. Tsige, with a stark question: Does the common law of Ontario recognize a right to a civil action for damages for invasion of personal privacy?1

 

HTMLDOJ Issues Memo Directing Prosecutors to Focus on Individual Accountability
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 14, 2015, previously published on September 11, 2015
The U.S. Department of Justice (DOJ) issued a memorandum on Wednesday from Deputy Attorney General Sally Quillian Yates that reaffirms the Government’s commitment to prosecuting individuals and formally instructs prosecutors to focus on individual accountability when dealing with corporate...

 

HTMLAmarin and Off-Label Drug Use: What it Means for the Pharmaceutical Industry
Stephen G. Sozio; Jones Day;
Legal Alert/Article
September 14, 2015, previously published on September 2015
The U.S. District Court for the Southern District of New York recently issued a significant decision in Amarin Pharma, Inc. et al v. United States Food & Drug Administration. Amarin sought and won a preliminary injunction against the FDA to stop it from pursuing a misbranding case against the...

 


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