In her February 14th decision of Alcon Canada Inc v. Cobalt
Pharmaceuticals Company (2014 FC 149), Justice Gleason of the
Federal Court denied Alcon's application for an order of
prohibition with respect to its PATADAY® product. PATADAY®,
used to treat allergic and inflammatory eye reactions, contains a
0.2% solution of olopatadine. The validity of Canadian Patent
2,447,924 was at issue in this proceeding.
The '924 Patent
The relevant claims of the '924 Patent claimed
pharmaceutical compositions for the treatment of allergic or
inflammatory disorders of the eye and nose comprising olopatadine
and the excipient PVP, where the composition does not contain any
of five named "excluded excipients". The two claims at
issue in this proceeding (claims 2 and 7) both claimed allowable
molecular weight ranges for PVP (5,000-1,600,000), and ranges of
allowable olopatadine concentrations in the composition.
On February 17, 2014, the Federal Court dismissed an application
by Eli Lilly for judicial review of the Minister of Health's
refusal to list Lilly's Canadian Patent No. 2,379,329 in
respect of its drug product, TRIFEXIS®. The Federal Court held
that it was bound by the decision of the Federal Court of Appeal in
Gilead Sciences Canada Inc v Canada (Ministry of Health),
2012 FCA 254, with respect to the product specificity requirements
prescribed by paragraph 4(2)(b) of the Patented
Medicines (Notice of Compliance) Regulations.
The underlying decision indicated that the '329 Patent
claimed a formulation comprising only one medicinal ingredient,
spinosad, rather than claims for a formulation that contained the
two medicinal ingredients present in TRIFEXIS® (spinosad and
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
Effective September 1, 2016, the Disposition of Surplus Real Property Regulation to the Ontario Education Act was amended with the intention to reduce barriers to the formation of health and community hubs in Ontario.
This appeal relates to two generic drug submissions for two different products: exemestane and infliximab. Both submissions cross-referenced the submission of another generic company that had received a Notice of Compliance.
Two recent decisions from the Supreme Court of Canada directly affect Quebec's farm businesses by confirming La Financière Agricole du Québec's discretion in the administration of the farm income stabilization program...
On October 6, 2016, the Ontario Legislature reintroduced the Patients First Act, 2016 as Bill 41. Bill 41 is very similar to its predecessor, Bill 210, which was introduced in June 2016, but makes some important changes to the previous bill.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).