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Articles by Morgan Westgate
Generic Allowed To Plead New Grounds Of Invalidity Not Raised In The Notice Of Allegation
Canada: Generic Allowed To Plead New Grounds Of Invalidity Not Raised In The Notice Of Allegation 07 July 2021 by Morgan Westgate (Montreal) and Brian R. Daley (Montreal) Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Generic allowed to plead new grounds of invalidity not raised in the Notice of Allegation
The Federal Court of Appeal (FCA) has confirmed that in an infringement action under the , the “second person” (i.e., generic/biosimilar) is not precluded from pleading invalidity allegations in its Statement of Defence beyond those that were raised in its notice of allegation (NOA). While new allegations may not be appropriate in every case, nor without consequence for the second person in a subsequent section 8 claim, they are not categorically prohibited.
New Proposed Amendments To The Federal Courts Rules: Proportionality, Abuse Of Process, And Motions Before The Federal Court Of Appeal
Canada: New Proposed Amendments To The Federal Courts Rules: Proportionality, Abuse Of Process, And Motions Before The Federal Court Of Appeal 22 April 2021 by Morgan Westgate and Jordana Sanft Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
New Proposed Amendments to the Federal Courts Rules: Proportionality, Abuse of Process, and Motions Before the Federal Court of Appeal
On April 10, 2021, the Rules Committee of the Federal Court of Appeal and the Federal Court (the Rules Committee) launched a consultation on amendments to the Federal Courts Rules (the Rules) on proportionality, abuse of process, and Federal Court of Appeal motions.
Ontario Superior Court Summarily Dismisses Apotex's Novel Monetary Claims Under Statutes Of Monopolies, Trademarks Act, And At Common Law - Intellectual Property - Canada
Canada: Ontario Superior Court Summarily Dismisses Apotex's Novel Monetary Claims Under Statutes Of Monopolies, Trademarks Act, And At Common Law 22 March 2021 by Morgan Westgate , David Yi and Allyson Whyte Nowak Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Ontario Superior Court summarily dismisses Apotex’s novel monetary claims under Statutes of Monopolies, Trademarks Act, and at common law
On March 8, 2021, the Ontario Superior Court granted summary judgment dismissing novel claims by Apotex under the UK and Ontario Statutes of Monopolies, the Trademarks Act, and at common law. It is the first decision on the merits of Apotex’s novel claims and arises in the context of litigation relating to Eli Lilly’s patented olanzapine product (marketed as Zyprexa®). The decision stands to impact numerous actions brought by generics on similar grounds against various innovator companies.
Canada Amends CSP Regulations, Adding UK To List Of
Canada: Canada Amends CSP Regulations, Adding UK To List Of "timely Submission Requirement" Countries 19 January 2021 by Morgan Westgate , Corey McClary and Kristin Wall Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Federal Court Finds Minister's CSP Decision Unreasonable On Patent Eligibility For Fixed-dose Combination Drug Product
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Federal Court finds Minister’s CSP decision unreasonable on patent eligibility for fixed-dose combination drug product
On July 10, 2020, the Federal Court issued a decision in a judicial review under the Certificate of Supplementary Protection Regulations (CSP Regulations). The application was brought by ViiV Healthcare ULC (ViiV) regarding a decision by the Minister of Health (Minister) refusing to issue a CSP in respect of Canadian Patent No. 2,606,282 (282 Patent) and the drug JULUCA® (Decision).
Federal Court Determines That Infringement Action Under PM(NOC) Regulations Is Not Moot Where Trial Proceeds After Patent Expiry
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Federal Court determines that infringement action under PM(NOC) Regulations is not moot where trial proceeds after patent expiry
On May 22, 2020, the Federal Court granted a motion seeking an order that the issue of infringement in an action brought pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations (Regulations) would not be moot notwithstanding that the trial was set to proceed after the expiry of the relevant patent.
Html.Raw(Federal Court Issues First Decision On Patent Term Restoration – Minister's Decision Denying Certificate Of Supplementary Protection (CSP) Is Unreasonable - Intellectual Property - Canada)
To print this article, all you need is to be registered or login on Mondaq.com. On April 7, 2020, the Federal Court issued a decision in Canada's first judicial review under the Patent Act and new Certificate of Supplementary Protection Regulations (CSP Regulations).
Federal Court issues first decision on patent term restoration - Minister’s decision denying certificate of supplementary protection (CSP) is unreasonable | LexBlog
On April 7, 2020, the Federal Court issued a decision in Canada’s first judicial review under the Patent Act and new Certificate of Supplementary Protection Regulations (CSP Regulations). It is the first decision issued under this regime, and also one of the first decisions to apply the Supreme Court of Canada’s new standard of review framework set out in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (Vavilov).
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