pharmaceutical
A Dose of Consistency: SCOTUS Settles the Controversy in Teva v Sandoz for Patent Litigation
In Teva Pharmaceuticals USA Inc v Sandoz Inc, a patent infringement case evolved into an opportunity for the Supreme Court of the United States (SCOTUS) to settle a decades-long controversy regarding how the Federal Circuit should review patent construction claims. By convention, the Federal Circuit has reviewed such claims de novo, ignoring Rule 52(a) of […]
“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 […]
Canada’s IP Laws and the Comprehensive Economic and Trade Agreement (CETA): Canada Got the Short End of the Proverbial Stick
The outline of CETA has arrived – but its full text is still in transit. On what we know of the intellectual property aspects of CETA, Canada got the short end of the proverbial stick.
Subsequent Entry Biologic Litigation Set to Take Off in Canada
The Canadian pharmaceutical industry is entering a new era as Subsequent Entry Biologic (SEB) litigation begins to emerge in the Canadian pharmaceutical landscape. Biologic drugs are derived through the metabolic activity of living organisms and tend to be significantly more variable and structurally complex then chemically synthesized drugs.