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Search Results (3019) Documents on pharmaceuticals Show: results per page Sort by:  | Costs Awarded on Substantial Indemnity Basis for Summary Judgment Motion
Adrian Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article June 5, 2013, previously published on May 28, 2013 Abbott and Takeda had previously been successful in a motion for partial summary judgment dismissing Apotex’ claims for disgorgment of profits based on allegations of unjust enrichment. The parties were unable to agree on the costs of the motion. This decision considers the circumstance and...
| | Federal Circuit Holds That Third Party Clinical Trial May Not Constitute Public Use
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 In Dey, L.P. v. Sunovion Pharmaceuticals, Inc., the Federal Circuit vacated the district court’s grant of summary judgment in favor of Sunovion, and remanded for further consideration of whether Sunovion’s clinical trial constituted a “public use” of the formulation claimed...
| | Claim for Section 8 Damages Allowed
Adrian Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article June 5, 2013, previously published on May 28, 2013 In this case, Apotex claimed damages pursuant to s. 8 of the NOC Regulations, and Pfizer alleged that Apotex should not be entitled to damages, due to the principles of ex turpi causa relating to its alleged infringement of the relevant patent. The period of liability and the quantum of damages...
| | The Second Opinion: Class Actions Do Not Trump Physician-Patient Confidentiality Rights
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article June 5, 2013, previously published on June 3, 2013 The B.C. Court of Appeal has ruled that plaintiffs in a certified class action cannot compel the production of information about class members from the third party physicians who treated them. The decision in Logan v. Hong, 2013 BCCA 249 is an important reaffirmation of the confidentiality...
| | Will the Supreme Court Limit Nanotech Patents?
Stephen B. Maebius; Foley & Lardner LLP;
Legal Alert/Article June 4, 2013, previously published on May 31, 2013 In a case styled The Association for Molecular Pathology v. Myriad Genetics, the Supreme Court is confronting the question of whether or not human genes are patent eligible under 35 U.S.C. 101. A decision is expected in the near future. A primary argument of the parties opposing gene patents is...
| | Nanomedicine Hitting Its Stride? Beware of Patent Risks
Stephen B. Maebius; Foley & Lardner LLP;
Legal Alert/Article June 4, 2013, previously published on May 31, 2013 Though the first nanoparticulate drug formulation was approved by the U.S. FDA way back in 1995, a recent flurry of deals and product approvals have shown increasingly high valuations for nanomedicine companies.
| | PM(NOC) Proceedings: Cobalt Defeats Bayer’s Canadian Patent on Oral Contraceptive YASMIN
David Tait; McCarthy Tétrault LLP;
Legal Alert/Article June 3, 2013, previously published on May 31, 2013 On May 29, 2013 Justice O’Reilly of the Federal Court dismissed Bayer PM Notice of Compliance (NOC) proceeding against Cobalt. The issue before the Court was whether Cobalt’s proposed generic product would infringe a single claim (claim 13) in a Canadian Bayer patent to drospirenone, an...
| | Bayer Joins the Combo Drug NCE Challenge Club; Petitions FDA for 5-Year Exclusivity for NATAZIA
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article May 31, 2013, previously published on May 29, 2013 For the third time this year, FDA has been asked to recognize 5-year New Chemical Entity (“NCE”) exclusivity for a fixed-dose combination drug product containing both a never-before-approved active moiety and a previously approved active moiety. In a Citizen Petition (Docket No....
| | Pfizer Liable to Apotex for Section 8 Damages: Amount to be Determined
David Tait, Steven Tanner; McCarthy Tétrault LLP;
Legal Alert/Article May 29, 2013, previously published on May 27, 2013 In a judgment pronounced on May 10, 2013, Justice O’Reilly of the Federal Court of Canada, granted Apotex’s claim against Pfizer for section 8 damages under Canada’s Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. The sole issue before the Court was whether...
| | FDA Presses for Recall of Sterile Drug Products in Florida
Shapiro Lewis Appleton Favaloro;
Legal Alert/Article May 29, 2013 FDA announced this week that it has serious concerns about the lack of assurance of sterility for sterile drugs that are being distributed by The Compounding Shop in St. Petersburg FL. Due to these serious concerns, any sterile drugs produced by the firm should not be given to patients, according...
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