Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2020 FC 1189
Date24 December 2020
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
16 practice notes
  • Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
    • Canada
    • Federal Court (Canada)
    • April 7, 2022
    ...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......
  • Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186
    • Canada
    • Federal Court (Canada)
    • February 26, 2021
    ...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......
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...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......
  • Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
    • Canada
    • Federal Court (Canada)
    • December 18, 2023
    ...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......
  • Request a trial to view additional results
6 cases
  • Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
    • Canada
    • Federal Court (Canada)
    • April 7, 2022
    ...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......
  • Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186
    • Canada
    • Federal Court (Canada)
    • February 26, 2021
    ...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......
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...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......
  • Allergan Inc. v. Juno Pharmaceuticals Corp.,
    • Canada
    • Federal Court (Canada)
    • December 18, 2023
    ...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......
  • Request a trial to view additional results
10 firm's commentaries
  • IP Litigation 2020 Year In Review
    • Canada
    • Mondaq Canada
    • January 30, 2021
    ...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......
  • Canadian Patent Law 2020: A Year In Review
    • Canada
    • Mondaq Canada
    • February 11, 2021
    ...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......
  • Prosecution History Cannot Be Invoked Against Patent Licensees
    • Canada
    • Mondaq Canada
    • January 13, 2021
    ...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......
  • Federal Court Clarifies Admissibility Of Prosecution History Evidence Against Licensees
    • Canada
    • Mondaq Canada
    • January 11, 2021
    ...Inc. v. Sandoz Canada Inc., 2020 FC 1189 [Allergan], the Federal Court of Canada ruled that section 53.1 of the Patent Act does not permit litigants to rebut statements as to claim construction made by patent licensees based on communications from the patentee during prosecution of the pate......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT