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Pharma in Brief

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By: Norton Rose Fulbright

Blog Authors

Kevin Ackhurst
Meghan Allard
Veronique Barry (CA)
Eric Bellemare
Gregory Bordan
Brian John Capogrosso
Christian Cawthorn
William Chalmers
Jonathan Chong
Joanne Chriqui (CA)
Brian R. Daley (CA)
Daniel Daniele (CA)
Mark Edward Davis (CA)
Dominic Dupoy
Olga Farman
John Greiss
Amy Grenon (CA)
Christopher A. Guerreiro
Adam Haller
Pardeep Heir
Caroline Henrie
Colin Hyslop
Kimberly Jeffers
Paul Jorgensen
Patrick Kierans
Shantelle LaFayette
Sofia Lopez Bancalari
Corey McClary
Fortunat Nadima Nadima
Chelsea Nimmo
Orestes Pasparakis
Sarah Pennington
Bianca Pietracupa (CA)
Louisa Pontrelli
Judith Robinson
Kassandra Shortt
Tom Sutherland
Randy Sutton (CA)
Richard Wagner
Kristin Wall
Ben Wallwork
Morgan Westgate
Allyson Whyte Nowak
Anna Wilkinson
David Yi
Pharma in Brief team

Latest from Pharma in Brief

Pharma in Brief

Overview of IP Law in Canada – The Intellectual Property Review, 11th Edition

By Caroline Henrie & Kristin Wall
May 18, 2022

The recently published Eleventh Edition of the Intellectual Property Review (the Review) includes a Canadian chapter. Readers are invited to learn more on the various forms of IP protection available in Canada, and highlights of important changes in Canadian IP…

Pharma in Brief

Federal Court finds salt patent valid in a PM(NOC) action regarding sitagliptin

By Colin Hyslop, Christopher A. Guerreiro & Brian R. Daley (CA)
April 19, 2022

The Federal Court has allowed an infringement action concerning sitagliptin phosphate monohydrate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court dismissed allegations of obviousness and insufficiency, and it found the asserted claims to be valid and…

Pharma in Brief

Federal Court sends NOC dispute concerning data protection provisions back to the Minister for a second redetermination

By Colin Hyslop, Christopher A. Guerreiro & Kristin Wall
March 23, 2022

The Federal Court (FC) has granted an application for judicial review involving the data protection provisions in section C.08.004.1 of the Food and Drug Regulations in a case involving new drug submissions (NDSs) for two different amifampridine products.

This is…

Pharma in Brief

Federal Court rejects motion for summary judgment in Canadian patent infringement case following voluntary dismissal of parallel US litigation

By Colin Hyslop, Christopher A. Guerreiro & Brian R. Daley (CA)
March 17, 2022

In a recently released decision, the Federal Court (FC) considered what happens when a patent infringement plaintiff agrees to resolve a dispute in a foreign jurisdiction, but continues to press parallel litigation against the same defendant in Canada.
In this…

Pharma in Brief

CADTH advisory panel consults on framework for pan-Canadian formulary

By Sarah Pennington, Paul Jorgensen & Kristin Wall
February 2, 2022

In a recently published discussion paper, an Advisory Panel (the Panel) convened by the Canadian Agency for Drugs and Technologies in Health (CADTH) presents a proposed framework for a potential pan-Canadian formulary. The Panel is asking for feedback on…

Pharma in Brief

Federal Court finds inducement of infringement at summary trial under the PM(NOC) Regulations

By Shantelle LaFayette, Jonathan Chong & Brian R. Daley (CA)
January 26, 2022

The Federal Court has confirmed that issues of infringement, including by inducement, may be decided by summary trial in an infringement action under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court rejected the Defendant’s attempt to avoid…

Pharma in Brief

Amendments to the Federal Courts Rules

By Caroline Henrie, David Yi & Allyson Whyte Nowak
January 12, 2022

Amendments to the Federal Courts Rules (the Amended Rules) were registered on December 13, 2021 and officially published in the Canada Gazette Part II on December 22, 2021. The Amended Rules come into force on January 13, 2022.

Key Changes…

Pharma in Brief

FCA upholds patent validity, rejects argument that a soundly predicted invention must be obvious

By Sarah Pennington, Christopher A. Guerreiro, Brian R. Daley (CA) & Kristin Wall
January 10, 2022

The Federal Court of Appeal (FCA) has affirmed a decision of the Federal Court (FC) finding that a patent concerning glatiramer acetate (GA) is valid and would be infringed under the Patented Medicines (Notice of Compliance) Regulations.
Background
As we…

Pharma in Brief

Pharma in Brief: The 2021 Year in Review

By Kristin Wall, William Chalmers, Christopher A. Guerreiro & David Yi
January 9, 2022

In this article, the Pharma in Brief team has curated and provided updates on the most significant topics we covered in 2021.
Introduction
In 2021, governments advanced major policy initiatives aimed at the COVID-19 pandemic and broader health priorities. These…

Pharma in Brief

PMPRB Update: further-delayed implementation of Patented Medicines Regulations amendments and new Guidelines

By Christopher A. Guerreiro, Brian R. Daley (CA) & Kristin Wall
December 23, 2021

Changes to the Patented Medicine Prices Review Board (PMPRB) regime, contained in pending amendments to the Patented Medicines Regulations, have been delayed until July 1, 2022.

These amendments form the basis for new PMPRB Guidelines. The PMPRB has updated its…

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