Allergan Inc. v. Sandoz Canada Inc.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2020 FC 1189 |
| Date | 24 December 2020 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
16 practice notes
-
Angelcare Canada Inc. v. Munchkin, Inc.
...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......
-
Janssen Inc. v. Sandoz Canada Inc.
...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. Sandoz Canada Inc.
...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......
-
Agi Suretrack, LLC v. Farmers Edge Inc.
...on the issue may be highly relevant: Corlac Inc v Weatherford Canada Inc, 2011 FCA 228 at paras 26–27; Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 at para 46. It may be that, as Farmobile’s counsel submitted, counsel had determined that essentiality was not at issue at the time of Dr. Ed......
Get Started for Free
9 cases
-
Angelcare Canada Inc. v. Munchkin, Inc.
...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......
-
Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation
...the test articulated by the SCC in Free World Trust differently. It refers to the decisions in Allergan Inc v Sandoz Canada Inc, 2020 FC 1189 [Allergan] and dTechs EPM Ltd v British Columbian Hydro and Power Authority, 2021 FC 190 [dTechs], aff’d 2023 FCA 115 as support for its position. Ho......
-
Allergan Inc. v. Sandoz Canada Inc.
...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.
...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......
Get Started for Free
10 firm's commentaries
-
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......
-
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......
-
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......
-
Federal Court Clarifies Admissibility Of Prosecution History Evidence Against Licensees
...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......
Get Started for Free