Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Date16 April 2020
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16 practice notes
  • Janssen Inc. v. Apotex Inc., 2022 FC 996
    • Canada
    • Federal Court (Canada)
    • July 6, 2022
    ...relates to multiple scientific or technical fields, the skilled person can comprise a team of people: Amgen Inc v Pfizer Canada ULC, 2020 FC 522 at para 172. However, the skilled person is not defined on a claim-by-claim basis: Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 236, aff......
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...relates to multiple scientific or technical fields, the skilled person can comprise a team of people: Amgen Inc v Pfizer Canada ULC, 2020 FC 522 at para 172. However, the skilled person is not defined on a claim-by-claim basis: Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 236, aff......
  • Amgen Inc. v. Pfizer Canada ULC, 2020 FCA 188
    • Canada
    • Court of Appeal (Canada)
    • November 3, 2020
    ...3, 2020). STRATAS J.A. [1] Before this Court is an appeal from a judgment dated April 16, 2020 of the Federal Court (per Southcott J.): 2020 FC 522. The Federal Court found claims 43-47 of the appellants’ Canadian Patent No. 1,341,537 to be obvious and, thus, invalid. The appellants submit ......
  • IP Litigation 2020 Year In Review
    • Canada
    • Mondaq Canada
    • January 30, 2021
    ...JJA.). 34. Biogen Canada Inc et al v. Taro Pharmaceuticals Inc; Pharmascience Inc., 2020 FC 621. 35. Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522 (Justice Southcott), aff'd 2020 FCA 188 (Stratas, Gleason, Laskin 36. Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2020 FC 691 at p......
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5 cases
  • Janssen Inc. v. Apotex Inc., 2022 FC 996
    • Canada
    • Federal Court (Canada)
    • July 6, 2022
    ...relates to multiple scientific or technical fields, the skilled person can comprise a team of people: Amgen Inc v Pfizer Canada ULC, 2020 FC 522 at para 172. However, the skilled person is not defined on a claim-by-claim basis: Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 236, aff......
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...relates to multiple scientific or technical fields, the skilled person can comprise a team of people: Amgen Inc v Pfizer Canada ULC, 2020 FC 522 at para 172. However, the skilled person is not defined on a claim-by-claim basis: Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 236, aff......
  • Amgen Inc. v. Pfizer Canada ULC, 2020 FCA 188
    • Canada
    • Court of Appeal (Canada)
    • November 3, 2020
    ...3, 2020). STRATAS J.A. [1] Before this Court is an appeal from a judgment dated April 16, 2020 of the Federal Court (per Southcott J.): 2020 FC 522. The Federal Court found claims 43-47 of the appellants’ Canadian Patent No. 1,341,537 to be obvious and, thus, invalid. The appellants submit ......
  • Swist v. MEG Energy Corp., 2021 FC 10
    • Canada
    • Federal Court (Canada)
    • January 20, 2021
    ...at paras 69-70). However, the Court may choose to accept an expert’s explanation of forgetfulness (Amgen Inc v Pfizer Canada ULC, 2020 FC 522 at para 152). [51]  I am satisfied that Dr. Gates did not make improper use of confidential information provided to him by Mr. Swist befo......
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11 firm's commentaries
  • IP Litigation 2020 Year In Review
    • Canada
    • Mondaq Canada
    • January 30, 2021
    ...JJA.). 34. Biogen Canada Inc et al v. Taro Pharmaceuticals Inc; Pharmascience Inc., 2020 FC 621. 35. Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522 (Justice Southcott), aff'd 2020 FCA 188 (Stratas, Gleason, Laskin 36. Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2020 FC 691 at p......
  • Federal Court of Appeal Upholds First Trial Judgment under New PM(NOC) Regulations
    • Canada
    • LexBlog Canada
    • November 18, 2020
    ...dismissed Amgen’s action and allowed Pfizer’s counterclaim for a declaration of invalidity: 2020 FC 522. The Trial Judge concluded that the asserted claims were obvious because it was self-evident to try to obtain the claimed recombinant protein. The evidence favoured Pfizer on all three of......
  • Federal Court Of Appeal Upholds First Trial Judgment Under New PM(NOC) Regulations
    • Canada
    • Mondaq Canada
    • November 20, 2020
    ...As we previously reported, the Trial Judge dismissed Amgen's action and allowed Pfizer's counterclaim for a declaration of invalidity: 2020 FC 522. The Trial Judge concluded that the asserted claims were obvious because it was self-evident to try to obtain the claimed recombinant protein. T......
  • First Trial Decision Under Canada's Amended Patented Medicines (Notice Of Compliance) Regulations Offers Guidance On Key Issues
    • Canada
    • Mondaq Canada
    • May 5, 2020
    ...this week, the Federal Court of Canada publicly released Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522, the first trial decision under the amended Patented Medicines (Notice of Compliance) Regulations ("PM(NOC) Regulations"). Prior to 2017, proceedings under Canada's drug patent linkage legi......
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