Amgen Inc. v. Pfizer Canada Inc., 2018 FC 1078
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 1078 |
| Date | 25 October 2018 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
9 practice notes
-
The Patented Medicines (Notice of Compliance) Regulations
...full record, to obtain a inal decision on infringement and validity, with an efective right of appeal: Amgen Inc . v. Pfzer Canada Inc ., 2018 FC 1078 at para 27, af’d 2019 FCA 249 at paras 8, 65; Janssen Inc . v. Teva 115 PM(NOC) Regulations, above note 2, s 6(1). See ViiV Healthcare Compa......
-
Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...Prothonotary Milczynski dismissed that motion, and the Federal Court of Appeal upheld her decision (see Amgen Inc v Pfizer Canada Inc, 2018 FC 1078; Pfizer Canada Inc v Amgen Inc, 2019 FCA 249 [Pfizer Canada]). However, relying significantly on its decision in Apotex Inc v Pfizer Ireland Ph......
-
Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FC 37
...full record, to obtain a final decision on infringement and validity, with an effective right of appeal: Amgen Inc. v. Pfizer Canada Inc., 2018 FC 1078 at para 27, aff’d 2019 FCA 249 at paras 8, 65; Janssen Inc. v. Teva Canada Ltd., 2020 FC 593 at para 257; Regulations Amending the Patented......
-
Amended PMNOC Regulations: Second Anniversary Update
...well as an overview of trial scheduling: Procedural Decisions: Proceedings under the old Regulations not determinative: In Amgen v Pfizer, 2018 FC 1078 (see brief here), the Court dismissed Pfizer's motion to dismiss Amgen's action on the basis that Amgen had been unsuccessful against Apote......
Request a trial to view additional results
2 cases
-
Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...Prothonotary Milczynski dismissed that motion, and the Federal Court of Appeal upheld her decision (see Amgen Inc v Pfizer Canada Inc, 2018 FC 1078; Pfizer Canada Inc v Amgen Inc, 2019 FCA 249 [Pfizer Canada]). However, relying significantly on its decision in Apotex Inc v Pfizer Ireland Ph......
-
Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FC 37
...full record, to obtain a final decision on infringement and validity, with an effective right of appeal: Amgen Inc. v. Pfizer Canada Inc., 2018 FC 1078 at para 27, aff’d 2019 FCA 249 at paras 8, 65; Janssen Inc. v. Teva Canada Ltd., 2020 FC 593 at para 257; Regulations Amending the Patented......
6 firm's commentaries
-
Amended PMNOC Regulations: Second Anniversary Update
...well as an overview of trial scheduling: Procedural Decisions: Proceedings under the old Regulations not determinative: In Amgen v Pfizer, 2018 FC 1078 (see brief here), the Court dismissed Pfizer's motion to dismiss Amgen's action on the basis that Amgen had been unsuccessful against Apote......
-
Amgen not precluded by invalidity decision under pre-amended PMNOC Regulations from litigating same patent under amended regulations
...of Amgen’s NEUPOGEN (filgrastim), would infringe Canadian Patent No. 1,341,537 (537 patent): Pfizer v Amgen, 2019 FCA 249, aff’g 2018 FC 1078 (reported here). Pfizer argued that Amgen’s action ought to be dismissed as an abuse of process on the basis that Amgen had unsuccessfully litigated ......
-
Amgen Not Precluded From Asserting Patent Under Current PMNOC Regulations Even Though Unsuccessful Under Old PMNOC Regulations
...(PMNOC Regulations) between Amgen and Pfizer in relation to Pfizer's proposed biosimilar (NIVESTYM) of Amgen's filgrastim (NEUPOGEN): 2018 FC 1078. Pfizer sought to dismiss the action under section 6.08 of the PMNOC Regulations, asserting that the action is redundant, scandalous, frivolous ......
-
Federal Court Recognizes Limits Of Decisions Under The Old PM(NOC) Regulations
...a recent decision of the Federal Court, Amgen Inc v Pfizer Canada Inc, 2018 FC 1078, 2018 FC 1078, Prothonotary Milczynski dismissed Pfizer's motion for summary dismissal of the proceedings under section 6.08 of the recently amended PM(NOC) Regulations. Prothonotary Milczynski's decision is......
Request a trial to view additional results
1 books & journal articles
-
The Patented Medicines (Notice of Compliance) Regulations
...full record, to obtain a inal decision on infringement and validity, with an efective right of appeal: Amgen Inc . v. Pfzer Canada Inc ., 2018 FC 1078 at para 27, af’d 2019 FCA 249 at paras 8, 65; Janssen Inc . v. Teva 115 PM(NOC) Regulations, above note 2, s 6(1). See ViiV Healthcare Compa......