Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2020 FC 1189 |
| Date | 24 December 2020 |
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16 practice notes
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...in the field of art to which the patent relates so as to understand the invention and practice it (Allergan Inc. v Sandoz Canada Inc., 2020 FC 1189 (Crampton CJ) at para 56, citing Donald H. MacOdrum, Fox on the Canadian Law of Patents, 5th ed (Toronto: Thompson Reuters, 2019) (loose-leaf u......
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Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186
...Judgment and Reasons addressing the merits of Allergan’s action and Sandoz’s Counterclaim: Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 [Allergan]. There were three principal issues addressed. The first was whether the Sandoz Product will infringe the ‘002 Patent. (Th......
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Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
...a flexible approach that must be applied contextually to the facts and circumstances of each claim: Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 at para 154 [Allergan], citing Amgen Inc v Pfizer Canada ULC, 2020 FCA 188 at para 5. It is applied to the combination of the elements definin......
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Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
...inventive concept. In this regard, both Allergan Inc v Canada (Health), 2011 FC 1316 [Combigan] and Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 [Rapaflo] are instructive. In both of those cases, the claims bore a greater similarity to the ones in issue here as contrasted with the wordi......
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4 cases
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...in the field of art to which the patent relates so as to understand the invention and practice it (Allergan Inc. v Sandoz Canada Inc., 2020 FC 1189 (Crampton CJ) at para 56, citing Donald H. MacOdrum, Fox on the Canadian Law of Patents, 5th ed (Toronto: Thompson Reuters, 2019) (loose-leaf u......
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Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186
...Judgment and Reasons addressing the merits of Allergan’s action and Sandoz’s Counterclaim: Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 [Allergan]. There were three principal issues addressed. The first was whether the Sandoz Product will infringe the ‘002 Patent. (Th......
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Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
...a flexible approach that must be applied contextually to the facts and circumstances of each claim: Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 at para 154 [Allergan], citing Amgen Inc v Pfizer Canada ULC, 2020 FCA 188 at para 5. It is applied to the combination of the elements definin......
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Merck Sharp & Dohme Corp. v. Pharmascience Inc., 2022 FC 417
...would necessarily apply them unless they were more or less self-evident to try: Sanofi at para 85; Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 at para 193. [193] As set out further below, it is my view that there was no motivation arising from WO498 or the prior art to take further steps......
10 firm's commentaries
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IP Litigation 2020 Year In Review
...55-57. 17. Tetra Tech EBA Inc v Georgetown Rail Equipment Company, 2019 FCA 203 at para. 86. 18. Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189. 19. Free World Trust v. Electro Sante Inc., 2000 SCC 20. Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189 at paras. 81-84. 21. Allergan Inc. v......
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Canadian Patent Law 2020: A Year In Review
...time a reference is made to the prosecution history. The Bauer decision is currently under appeal. In Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 [Allergan], an exclusive licensee (Allergan) brought an infringement action against a generic drug manufacturer (Sandoz) with respect to a Can......
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Federal Court finds silodosin formulation patent valid but not infringed
...of the Patented Medicines (Notice of Compliance) Regulations relating to silodosin (Allergan’s RAPAFLO): Allergan Inc v Sandoz Canada Inc, 2020 FC 1189. Chief Justice Crampton found that Canadian Patent No. 2,507,002, relating to a capsule formulation of silodosin, is not invalid on the bas......
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Prosecution History Cannot Be Invoked Against Patent Licensees
...in section 53.1 by including "persons claiming under the patentee" in the provision. The case is Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189. About Norton Rose Fulbright Canada Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial ins......
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