AbbVie Corporation v. Canada (Health), 2022 FC 1209
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2022 FC 1209 |
| Date | 17 August 2022 |
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12 practice notes
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Table of Cases
...AbbVie Biotechnology Ltd v Canada (Attorney General), 2014 FC 1251 .......... 179 AbbVie Corporation v Canada (Health), 2022 FC 1209 ...................... 48, 215, 221 Alexion Pharmaceuticals Inc v Canada (Attorney General), 2016 FC 716 .........309 Alexion Pharmaceuticals Inc v Canada......
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The Patented Medicines (Notice of Compliance) Regulations
...the variety of patents on the Patent Register at the time it iles its submission and that must be addressed prior to receipt of an NOC. 70 2022 FC 1209 at para 62 [ Abbvie ]. 71 PM(NOC) Regulations, above note 2, s 5(2.1). 216 The Regulation of Drugs in Canada b) Addressing Patents by Way o......
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...person” for the purposes of subsection 5(1) of the Regulations [Appendix A]. In AbbVie Corporation v Canada (Health), 2022 FC 1209 [AbbVie 2022], the Court found the Minister’s decision reasonable and dismissed the judicial review. An appeal is underway of that decision. At th......
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Market Authorization of Drugs Under the Food and Drug Regulations
...of the FDRs operate in certain circumstances to prevent the Minister from issuing 70 Ibid . 71 AbbVie Corporation v Canada (Health) , 2022 FC 1209 at para 65, a case involving the Minister’s administration of the Patented Medicines (Notice of Compliance) Regulations ), explained in Chapter ......
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4 cases
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...person” for the purposes of subsection 5(1) of the Regulations [Appendix A]. In AbbVie Corporation v Canada (Health), 2022 FC 1209 [AbbVie 2022], the Court found the Minister’s decision reasonable and dismissed the judicial review. An appeal is underway of that decision. At th......
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AbbVie Corporation v. Canada (Health), 2022 FC 1538
...403 providing directions to the assessment officer respecting the amount and allocation of costs. In AbbVie Corporation v Canada (Health), 2022 FC 1209 [AbbVie], this Court dismissed two applications for judicial review brought on behalf of AbbVie Corporation and AbbVie Biotechnology Ltd [c......
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Bayer Inc. v. BGP Pharma ULC d.b.a. Viatris Canada, 2024 FCA 29
...arises only when a proceeding is initiated under section 6 of the Regulations (see also AbbVie Corporation v. Canada (Health), 2022 FC 1209). Hence, contrary to the appellants’ contention, there is no concurrent jurisdiction between the Federal Court and the Minister in terms of the ......
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Bayer Inc. v. BGP Pharma ULC (Viatris Canada), 2023 FC 1325
...whether section 5 was triggered. [21] This principle from Teva was recently applied in Abbvie Corporation v Canada (Minister of Health), 2022 FC 1209 [Abbvie] and in my view, applies equally well to paragraph 5(3)(a) as it did to subsection [22] As noted in Abbvie, and reflected in the Mini......
6 firm's commentaries
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Canadian Patent Law 2022: A Year In Review
...Who is a "second person"? Patented Medicines (Notice of Compliance) Regulations, Section 5(1) In AbbVie Corporation v Canada (Health), 2022 FC 1209, the Federal Court considered whether the Minister of Health's decision that JAMP, who sought approval for SIMLANDI'a biosimilar of AbbVie's HU......
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Federal Court Clarifies Validity And Evidence-Related Legal Principles, And Declines To Grant Injunction For Infringed Patent In Humira Decision
...on cross-examination reduced his credibility."29 1 AbbVie appealed the Federal Court's decision in AbbVie Corporation v Canada (Health), 2022 FC 1209, which upheld the Minister's decision that JAMP was not a "second person" pursuant to section 5(1) of the PM(NOC) Regulations. The Court agre......
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Generic not required to address Patent Register when reference innovator drug is no longer marketed in Canada
...should be the same” as that of the RBD. *** Links: AbbVie Corporation v. Canada (Health), 2022 FC 1209 Guidance Document: Information and Submission Requirements for Biosimilar Biologic Drugs iv class="html-children">On August 17, 2022, the Federal Court dismissed applications for judicial ......
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Market It Or Lose It: A Cautionary Tale For Innovators
...Corporation v Canada (Health), 2022 FC 1209, Justice Fothergill of the Federal Court upheld the Minister of Health's finding that innovator pharmaceutical companies must actively market their drugs in Canada in order to benefit from Canada's patent linkage The decision stems from the judici......
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3 books & journal articles
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Table of Cases
...AbbVie Biotechnology Ltd v Canada (Attorney General), 2014 FC 1251 .......... 179 AbbVie Corporation v Canada (Health), 2022 FC 1209 ...................... 48, 215, 221 Alexion Pharmaceuticals Inc v Canada (Attorney General), 2016 FC 716 .........309 Alexion Pharmaceuticals Inc v Canada......
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The Patented Medicines (Notice of Compliance) Regulations
...the variety of patents on the Patent Register at the time it iles its submission and that must be addressed prior to receipt of an NOC. 70 2022 FC 1209 at para 62 [ Abbvie ]. 71 PM(NOC) Regulations, above note 2, s 5(2.1). 216 The Regulation of Drugs in Canada b) Addressing Patents by Way o......
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Market Authorization of Drugs Under the Food and Drug Regulations
...of the FDRs operate in certain circumstances to prevent the Minister from issuing 70 Ibid . 71 AbbVie Corporation v Canada (Health) , 2022 FC 1209 at para 65, a case involving the Minister’s administration of the Patented Medicines (Notice of Compliance) Regulations ), explained in Chapter ......