and
Beverley Moore
ACTIONS
Security for Costs Required before Proceeding Permitted to Move Forward
International Control Systems v. Haier America Trading
The Court ordered the Plaintiffs to pay security for costs in a patent infringement action, as the Plaintiffs ordinarily reside outside of Canada. Security was required to be posted before the Defendants prepared their Statement of Defence and before the Defendants filed its motion record on a motion to strike the Statement of Claim. The Court also ordered that the Plaintiffs were not to take any further steps until the security was paid to the Court.
OTHER CASES OF INTEREST
In a News Release on May 17, 2012 the Supreme Court of Canada denied leave in respect of three cases. Two cases related to proceedings under s. 8 of the NOC Regulations, where Apotex' claims to disgorgment, or an accounting of profits were struck: Apotex Inc. v. Eli Lilly Canada Inc. (F.C.) (Civil) (By Leave) (34670) and Apotex Inc. v. Nycomed Canada Inc. et al. (F.C.) (Civil) (By Leave) (34669). The FCA decision in Nycomed and Lilly can be found here and it was summarized here.
In the third case, Merck appealed FCA findings regarding the 1998 version of the NOC Regulations, rather than the 1993 version applying, and the timing of when Apotex could have reached the market. The FCA decision in Merck can be found here and it was summarized here.
OTHER INDUSTRY NEWS
The DIP Methodology Technical Working Group has released its Follow-up Recommendations on the Implementation of the DIP Methodology.
Health Canada has released SOP for Using the Pharmaceutical Safety and Efficacy Assessment Template for Advanced Consideration of Requests for Notice of Compliance with Conditions or Priority Review (PSEAT-AC) to Prepare Reports.
Health Canada has released SOP for Using the Pharmaceutical Safety and Efficacy Assessment Templates (PSEATs) to Prepare Reports on Submissions for Marketing Authorizations.
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