Searching Content indexed under Life Sciences, Biotechnology & Nanotechnology by McCarthy Tétrault LLP ordered by Published Date Descending.
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Proposed Amendments To Regulations Define Health Care Institutions' Pharmaceutical And Medical Device Adverse Event Reporting Obligations
In November 2014, the Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)[1] came into force.
18 Sep 2018
Drug Testing In Canadian Patent Suit Not Permitted To Be Used In Foreign Litigation
In a rare case where drug samples were given under consent in an NOC proceeding Novartis sought, but was denied, to use these samples in a related litigation in Portugal (2016 FC 1091).
29 Mar 2017
Federal Court Dismisses Motion For Particulars Of The Patent's Inventive Concept And Promise Of Utility
The Federal Court dismissed a motion by Apotex seeking particulars from Allergan's pleading relating to the prior art, inventive concept, promised utility and sound prediction of utility of the patents at issue.
3 Oct 2016
Federal Court Rules On Health Canada Importation Ban
An underlying Health Canada decision was found to have been made for an improper purpose and carried out unfairly.
31 Aug 2016
When Is A Settlement Agreement Reached? Federal Court Of Appeal Provides Guidance In Apotex Inc v Allergan Inc, 2016 FCA 155
In today's litigation landscape 95% to 97% of all civil cases are settled without a trial. Settlement negotiations increasingly happen informally, over email, through a back-and-forth dialogue between counsel.
8 Jul 2016
PM(NOC) Proceedings: Teva Defeats VELCADE Cancer Treatment Patent
In reasons dated February 26, 2015, Justice Barnes dismissed Janssen’s application for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for the compound bortezomib.
18 Apr 2015
Canadian Patent Judge Takes A Hard Stand Against Generic CIALIS® (Tadalafil)
On January 7, 2015, Justice de Montigny of the Federal Court released his judgment and reasons in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2015 FC 17.
27 Jan 2015
Canadian Competition Bureau Provides Preliminary Guidance On Pharma Patent Settlements
Settlements of patent litigation between brand name and generic pharmaceutical companies have been the subject of significant antitrust/competition enforcement activity.
15 Oct 2014
Canada And The EU Successfully Conclude CETA: What It Means To The Pharmaceutical Industry
Prime Minister Harper announced that Canada and the European Union have successfully concluded negotiations on a new trade agreement.
1 Oct 2014
B.C. Supreme Court Breathes Life Into New Breed Of Potential Pharma-Related Class Action Whereby Innovator Profits Are At Risk
In Canada, innovator drug companies can protect their market exclusivity from generic copycats by asserting patents against the generic manufacturer.
28 Aug 2014
Beware Hubris – Janssen’s Infringement Of AbbVie’s Patent Gets Enjoined By The Federal Court
Justice Roger T. Hughes granted AbbVie the first-ever limited injunction against a branded pharmaceutical company infringing a branded competitor’s patent.
4 Aug 2014
Federal Court Dismisses Notion That Patents Should Be Given Only One Interpretation For All Purposes
Justice O’Reilly allowed Allergan’s applications prohibiting the Minister of Health from issuing NOCs to Cobalt and Apotex.
20 Jun 2014
Competition Bureau Discontinues Pharma "Product Hopping" Inquiry
The Competition Bureau announced that it has discontinued its inquiry into Alcon for alleged abuse of dominance with respect to prescription ophthalmic drugs.
19 May 2014
The Second Opinion: When Is A Little Knowledge A Dangerous Thing? When It Is Used To Disqualify In-House Counsel
A powerful tool in the litigation arsenal is the bringing of a motion to remove counsel from a file, either because she possesses disqualifying confidential information or faces a disqualifying conflict of duty.
3 Mar 2014
Ontario Court Grants Summary Judgment Dismissing Apotex’s Claim For Unjust Enrichment
On January 15, 2013, the Honourable Justice Quigley of the Ontario Superior Court granted summary judgment to Abbott and Takeda, denying Apotex’s claim for disgorgement of profits on the basis of unjust enrichment.
28 Jan 2013
Governments of British Columbia and Québec Announce Changes to Generic Drug Pricing
In our June 2010 Legal Update we reported that the Ontario Ministry of Health and Long-Term Care had announced amendments to its drug reimbursement and drug interchangeability regulations that impacted, among other things, prices for generic drugs in the province.
9 Dec 2010
Dedication to the Public: An Important Tool for Innovators
On June 22, 2010, the Federal Court of Appeal released its decision in Sandoz Canada Inc. v. Abbott Laboratories, 2010 FCA 168. Justice Dawson for the Federal Court of Appeal held that the court will give effect to the dedication of a patent to the public even if the dedication occurs during the course of litigation.
12 Jul 2010
Ontario's Bill 102, The Sequel: Ontario Announces Proposed Amendments to Ontario Drug Reimbursement and Drug Interchangeability Legislation
On April 8, 2010, the Ontario Ministry of Health and Long-Term Care published for comment proposed amendments to the regulations under the Ontario Drug Benefit Act (ODBA) and the Drug Interchangeability and Dispensing Fee Act (DIDFA) that would significantly impact the way pharmacies, drug manufacturers (primarily generic drug manufacturers) and wholesalers do business in Ontario.
20 Apr 2010
Reduced Requirements for Subsequent Entry Biologics (SEBs) in Canada: Health Canada Releases Final Guidance Document
Health Canada recently released the final version of its guidance document "Guidance for Sponsors: Information and Submission Requirements for Subsequent Entry Biologics (SEBs)."
7 Apr 2010
The European Commission Issues Its Final Report On Competition In The Pharmaceutical Sector
The European Commission (EC) recently issued its Final Report on its inquiry into competition in the pharmaceutical sector.
European Union
8 Dec 2009
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