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HTMLStudies Suggest Common Acid Reflux Medication Could Cause Severe Side Effects
Law Offices of Peter G. Angelos A Professional Corporation;
Legal Alert/Article
May 27, 2016, previously published on May 6, 2016
Proton pump inhibitors (PPIs) are a class of medication used to treat a number of common abdominal conditions such as gastroesophageal reflux disease, stomach and duodenal ulcers, heartburn and erosive esophagitis. The medication works by obstructing the proton pump—an integral membrane...

 

HTMLMotion to Strike and for Particulars Denied; Elevated Costs Ordered for Breach of Settlement Privilege
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 14, 2016
Umano brought a motion to strike portions of the Statement of Claim, and in the alternative for further and better particulars. The motion further requested documents pursuant to Rule 206. The Court denied the motion in its entirety.

 

HTMLMotion for Interim Injunction Dismissed for Failing to Establish Irreparable Harm
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 14, 2016
TearLab brought a motion for an interim injunction, with the hearing for an interlocutory injunction being scheduled in late April or May. TearLab is the exclusive licensee under the patent in issue and markets the TearLab Osmolarity System (TearLab System). The Court noted that almost all of the...

 

HTMLPatent Held to not be Infringed Based on the Construction of the Claims
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 14, 2016
Apotex sent a NOA to Shire alleging its patent was invalid and will not be infringed by Apotex. The issues were narrowed for the hearing, where issues of non-infringement, overbreadth, ambiguity, insufficiency and lack of utility were argued, as well as an argument that the claims were not relevant...

 

HTMLWitness' Evidence Given Less Weight because not Blinded to Patent or Issues; NOC Proceeding Dismissed
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 14, 2016
Apotex sent a NOA in respect of a single patent, alleging obviousness and lack of utility. The Court held that allegation was justified.

 

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...

 


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