Allergan Inc. v. Apotex Inc., 2022 FC 260

JurisdictionFederal Jurisdiction (Canada)
Citation2022 FC 260
CourtFederal Court (Canada)
Date23 February 2022
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3 practice notes
  • Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
    • Canada
    • Federal Court (Canada)
    • February 7, 2024
    ...patent context: Novo Nordisk Canada Inc v Cobalt Pharmaceuticals Inc, 2010 FC 746 [Novo Nordisk] and Allergan Inc v Apotex Inc, 2022 FC 260 [174] In Novo Nordisk, the patent in dispute (851 Patent) claimed the S-enantiomer of a compound (repaglinide), its use for the treatment of Type 2 d......
  • Canadian Patent Law 2022: A Year In Review
    • Canada
    • Mondaq Canada
    • January 16, 2023
    ...invention. This is often achieved by reciting the claimed product is "for use" in a particular manner. In Allergan Inc v Apotex Inc,2022 FC 260, the Federal Court construed a claim reciting "An oral dosage form of a bisphosphonate for use with or without food or beverage intake" as being di......
  • Federal Court Finds Formulation Patent Relating To ACTONEL DR Valid But Not Infringed
    • Canada
    • Mondaq Canada
    • March 31, 2022
    ...Patented Medicines (Notice of Compliance) Regulations relating to risedronate sodium (Allergan's ACTONEL DR): Allergan Inc v Apotex Inc, 2022 FC 260. Justice Kane found Canadian Patent No. 2,602,188 (the 188 patent) valid but not The 188 patent relates to a dosage form of a bisphosphonate, ......
2 firm's commentaries
  • Canadian Patent Law 2022: A Year In Review
    • Canada
    • Mondaq Canada
    • January 16, 2023
    ...invention. This is often achieved by reciting the claimed product is "for use" in a particular manner. In Allergan Inc v Apotex Inc,2022 FC 260, the Federal Court construed a claim reciting "An oral dosage form of a bisphosphonate for use with or without food or beverage intake" as being di......
  • Federal Court Finds Formulation Patent Relating To ACTONEL DR Valid But Not Infringed
    • Canada
    • Mondaq Canada
    • March 31, 2022
    ...Patented Medicines (Notice of Compliance) Regulations relating to risedronate sodium (Allergan's ACTONEL DR): Allergan Inc v Apotex Inc, 2022 FC 260. Justice Kane found Canadian Patent No. 2,602,188 (the 188 patent) valid but not The 188 patent relates to a dosage form of a bisphosphonate, ......

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