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  • Article

    Apotex Seeks Leave From Supreme Court Of Canada In Cefaclor Damages Action

    As previously reported, the Federal Court of Appeal (FCA) allowed in part Apotex's appeal of a decision awarding Eli Lilly over $100 million for Apotex's infringement ...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Canada's New Linkage Litigation Scheme: A Comparison To Hatch-Waxman

    The September 21, 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations (see our article here) introduced a new scheme for pharmaceutical patent linkage litigation in Canada.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Comparing Supplementary Protection Regimes Between Canada (CSPs) And The EU (SPCs)

    Canada and the European Union have established distinct frameworks for extending patent protection beyond standard terms to compensate innovators for regulatory approval delays.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Europe Continuing To Develop Biosimilar Guidance

    The European Medicines Agency continues to be a leader in developing guidance to industry on biosimilar approvals.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Dismisses Servier's Application For Order Of Prohibition Regarding Salt Patent For Perindopril Arginine

    On May 8, 2019, Justice Roy dismissed Servier's application for a prohibition order under the pre-amended Patented Medicines (Notice of Compliance) Regulations for Canadian Patent No
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    New Canadian Patent Rules Will Be In Force October 30, 2019

    On July 10, 2019, the government of Canada published the final version of the new Patent Rules, which will come into force October 30, 2019.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Patented Medicine Prices Review Board Releases August 2018 NEWSletter

    Patented Medicine Prices Review Board releases August 2018 NEWSletter.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Pharmaceutical Solid Forms – Patent Office Proposes Examination Practice

    Consultation on the new MOPOP section is open until August 10, 2018.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    PMPRB To Strike Working Group On Guideline Reform In June, Anticipates Concurrent Release Of Guidance On Operationalization Of Anticipated Regulatory Changes

    The report of the Working Group will be presented to the PMPRB for consideration prior to the publication of draft Guidelines in the fall, followed by a further period of consultation.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Update On PMPRB Guidelines Modernization

    In its April 2019 NEWSletter, the Patented Medicine Prices Review Board (PMPRB) announced that the Steering Committee on Guidelines Modernization would hold its final meeting on May 13, 2019, to discuss both a draft report of its deliberations and the Working Group's final report
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Denies Leave In Perindopril Accounting Of Profits Decision

    On September 24, 2020, the Supreme Court of Canada denied leave to Apotex (Docket No. 39172) with respect to a decision affirming the quantum of profits payable to the Plaintiffs...
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    New Reports On Utilization Of Biologics And Biosimilars For Chronic Inflammatory Diseases In Ontario

    The Canadian Agency for Drugs and Technologies in Health (CADTH) has released a report titled Utilization of Innovator Biologics and Biosimilars for Chronic Inflammatory Diseases in Canada:...
    CanadaTechnology
    Smart & Biggar
    Smart & Biggar
  • Article

    JAMP Seeks To Bring Abuse Of Dominance Case Re: STELARA

    JAMP filed an application with the Competition Tribunal on July 26, 2024, seeking leave to bring an abuse of dominance case against Janssen relating to ustekinumab (Janssen's STELARA).
    CanadaAntitrust/Competition Law
    Smart & Biggar
    Smart & Biggar
  • Article

    Moose Knuckles Settles Misleading Advertising Case With $750,000 Charitable Donation

    On April 28, 2016, we first reported on the Competition Bureau's legal proceedings against Canadian based parka manufacturer, Moose Knuckles, concerning allegedly misleading claims...
    CanadaAntitrust/Competition Law
    Smart & Biggar
    Smart & Biggar
  • Article

    Ticketmaster To Pay Hefty Penalty For Misleading Pricing Practices

    On June 27, 2019, the Competition Bureau reached an agreement with Ticketmaster and related companies. Under the agreement, Ticketmaster L.L.C.,
    CanadaAntitrust/Competition Law
    Smart & Biggar
    Smart & Biggar
  • Article

    VW And Audi Face Hefty Fines For Misleading Environmental Marketing Claims

    On December 19, 2016, the Canadian side of the diesel engine saga plaguing VW and Audi came to a close when the federal Competition Bureau reached a consent agreement for a $15 million administrative...
    CanadaAntitrust/Competition Law
    Smart & Biggar
    Smart & Biggar
  • Article

    Canadian Intellectual Property Office Deadline Extended Until May 1, 2020

    In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation.
    CanadaCoronavirus (COVID-19)
    Smart & Biggar
    Smart & Biggar
  • Article

    Judgment Granted After Summary Trial For Recidivist Sale Of Counterfeits

    Chanel S de R.L., et al. v Lam Chan Kee Company Ltd., et al. 2015 FC 1091, is a case involving counterfeit CHANEL® goods.
    CanadaCriminal Law
    Smart & Biggar
    Smart & Biggar
  • Article

    Bill C-97 Receives Royal Assent, Advanced Therapeutic Products Consultation Opened

    On June 21, 2019, Bill C-97 received Royal Assent. Bill C-97 includes amendments to the Food and Drugs Act, including a new framework for "Advanced Therapeutic Products"
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    Biosimilars No Longer Reviewed By CADTH

    The Canadian Agency for Drugs and Technologies in Health (CADTH) released Issue 8 of its Pharmaceutical Reviews Update announcing updates
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
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