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 […]

Trade Secrets, Transparency, and Temporality

Access to information is generally important in a free and democratic society. It’s particularly important in the context of regulating drugs, medical devices, and other products. In Merck Frosst Canada Ltd. v. Canada (Health), the Supreme Court of Canada affirmed Health Canada’s decision to disclose certain information about Merck’s asthma medication Singulair®. The Court rejected […]