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HTMLThink Before You Write — The Importance Of A Well-Drafted Discipline Letter
Clifford J. Hart; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on March 31, 2016
There are different schools of thought as to the amount of detail that should be contained in a discipline/discharge letter. On the one hand, there is the "less is more" approach: briefly refer to the facts, the nature of the breach (i.e. the CBA, rules/regulations/policies), and the...

 

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...

 

HTMLGovernor Baker Signs Opioid Bill
Steve Baddour, Dan Connelly, Julie Cox, Sasha Dudding; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 22, 2016, previously published on March 14, 2016
Today, Massachusetts Governor Charlie Baker signed a bill that offers long-awaited measures aimed at tackling the state’s growing opioid abuse crisis. After receiving House and Senate approval last week and spending seven weeks in conference committee negotiations, the bill will now become...

 

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...

 

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 PDFAlabama No Longer an Outlier State: Legislature Says “No” to Innovator Liability
Christopher S. Berdy, John H. Dollarhide, Ashley Nader Stubbs; Butler Snow LLP;
Legal Alert/Article
January 21, 2016, previously published on Fall 2015
Since the United States Supreme Court’s decision in Pliva, Inc. v. Mensing1, the plaintiffs’ bar has been feverishly searching for an alternate theory of recovery when the claimant took a generic prescription drug. One of those alternate theories is “innovator liability,”...

 

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.

 

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...

 


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