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By Jeremy Want, Daniel Davies
The Canadian "accounting of profits" remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights.
By Andrea Kroetch, Sebastian Beck-Watt
Colours can function as indicators of source, and many colours acquire distinctiveness over time.
By Smart & Biggar/Fetherstonhaugh
For complete details about these pharmaceutical proceedings, click here.
By Abigail Smith
On March 14, 2018, the Discipline Committee of the Ontario College of Pharmacists found that two directors of Costco pharmacies committed acts of professional misconduct ...
By Abigail Smith
On February 21, 2018, Justice O'Reilly granted Collegium's motion to strike Purdue's statement of claim for infringement of a patent relating to oxycodone salt ...
By Brandon Heard
On February 12, 2018, Justice Manson of the Federal Court found certain claims of Canadian Patent No. 2,494,540 ("540 patent") invalid on the basis of obviousness and anticipation:
By Brandon Heard
As previously reported, on December 12, 2017, the Ontario Legislature passed the Strengthening Quality and Accountability for Patients Act, 2017, which enacts or amends 10 statutes ...
By Andrew Mandlsohn
The Canadian Agency for Drugs and Technologies in Health (CADTH) announced on March 8, 2018 that, effective April 2, 2018, its Common Drug Review (CDR) ...
By Andrew Mandlsohn
The Patented Medicine Prices Review Board (PMPRB) released its March 2018 NEWSletter (the first NEWSletter since July 2017). Highlights include:
By Abigail Smith
On February 5, 2018, Alexion Pharmaceuticals filed an application for leave to appeal a decision of the Federal Court of Appeal (FCA) ...
By Katie Lee, Urszula Wojtyra
Infliximab is an antibody that inhibits binding at TNF-α receptors, a key target in autoimmune diseases.
By Andrew Mandlsohn
The parties can appeal this decision if leave is sought and granted by the Supreme Court of Canada.
By Kevin Siu
What happens when a patentee is unsuccessful in a prohibition application under the Patented Medicines (Notice of Compliance) (PMNOC) Regulations against a generic entrant...
By Brandon Heard
On February 27, 2018, the federal budget was tabled in the House of Commons. It announced the creation of an Advisory Council on the Implementation of National Pharmacare ...
By Jeremy Want, Daniel Davies
In Canada, a successful patentee in a patent infringement action is usually entitled to elect between the damages it has suffered as a result of the infringement and an accounting of the defendant's profits.