A Win for Patent Law and a Loss for Prostate Cancer

An Unexpected Infringement: There and Back Again

On March 16, 2015, Justice Barnes held that AstraZeneca’s Patent No 1,292,693 (“’693 Patent”), a formulation patent for omeprazole, was valid and infringed by Apotex (2015 FC 322). This decision represents the latest entry in the 22-year old cross-jurisdictional Omeprazole saga between AstraZeneca and Apotex. Because the proceedings were bifurcated, a separate reference for damage […]

In Proving Foresight May Be Vain: Federal Court Vacates Bifurcation Order Just a Few Months After Granting It

Originating back in 2006, the litigation between Pfizer and Apotex over Pfizer’s blockbuster drug, Lipitor, has been long and arduous. With many twists and turns in these proceedings, Pfizer's most recent motion to amend its statement of defence and counterclaim led to yet another surprising result. The motion brought by Pfizer is part of the proceedings commenced by Apotex […]

Apotex Successfully Invalidates Patent on Nexium

AstraZeneca has been selling Nexium in Canada for 13 years.  It is prescribed to treat ulcers, gastroesophageal reflux disease (GERD) and related diseases. The active ingredient in Nexium is esomeprazole, one of the enantiomers of omeprazole.  Omeprazole is also prescribed to treat these same diseases. Canadian patent no. 2,139,653 (the 653 patent) claims esomeprazole with […]

"Meringue" is not an Ingredient in Lemon Meringue Pie: Defining "Identical Medicinal Ingredient"

What do cooking and chemistry have in common? Apparently, the former provides great analogies to explain the latter. Apotex has recently applied for judicial review of a decision of the Director General of the Therapeutic Products Derivative (TPD) concerning its generic drug, Apo-Telmisartan. While several issues were raised in the application, of particular interest was […]

IP Intensive Progam: Apotex - The Best Way to Begin Your Third Year at Osgoode

I couldn’t think of a better way to begin third year of law school than by participating in the Intellectual Property Law & Technology Intensive Program. Rather than spending my semester in a series of classrooms, I spent 10 weeks learning about the practice of law in an in-house setting. For anyone with an avid […]

Announcing the 2013 IP Intensive Program

We are pleased to announce details of the 2013 Intellectual Property Law and Technology Intensive Program.  The tremendously successful program is currently in its third year, but it is continuing to grow. We are excited to announce the offering of three brand new placements for 2013, and the return of an excellent placement from the […]

Court Grants Largest Patent Infringement Damages Award in Canadian History

On July 16, 2013, the Federal Court released its decision granting the largest award of damages for patent infringement in Canadian history.  In Merck & Co., Inc. v. Apotex Inc. (2013 FC 751) (“Merck”), Justice Snider found that Merck is entitled to over $119 million in damages, plus interest, for Apotex’s infringement of Merck’s patent […]

A Cautionary Kudos: Canada Moves Up on USTR IP Watch List

Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection […]

Allergan Inc. c. Canada (Health), 2012 FC 767: Comity or Tragedy?

A somewhat confusing victory for Allergan Inc. was won on June 18th, as the Honourable Justice Hughes upheld their patent on COMBIGAN despite the fact that their invention was ruled to be obvious.  The Honourable Justice Hughes ruled in favour of Allergan by prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) […]