Amgen Inc. v. Pfizer Canada ULC
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2020 FC 522 |
| Date | 16 April 2020 |
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16 practice notes
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Janssen Inc. v. Apotex Inc.
...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......
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Janssen Inc. v. Sandoz Canada Inc.
...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......
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Swist v. MEG Energy Corp.
...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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IP Litigation 2020 Year In Review
...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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10 cases
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Janssen Inc. v. Apotex Inc.
...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......
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Janssen Inc. v. Sandoz Canada Inc.
...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......
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Valley Blades Ltd. v. Usinage Pro-24 Inc. (Nordik Blades)
...not accept that the skilled person avoids risk” (Leo Pharma Inc v Teva Canada Limited, 2015 FC 1237 at para 105; see also Amgen v Pfizer, 2020 FC 522 [Amgen] at paras 327-330). The POSITA can face some level of uncertainty along the way: “But equally, it cannot, in my judgment, be assumed t......
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Allergan Inc. v. Juno Pharmaceuticals Corp.
...under the old regime. While I accept the importance of stare decisis and its cousin, judicial comity (see Amgen Inc v Pfizer Canada ULC, 2020 FC 522 at para 167), I am not persuaded that I am bound to follow the previous determinations of the inventive [153] Turning to the substance of the ......
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10 firm's commentaries
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IP Litigation 2020 Year In Review
...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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Federal Court Of Appeal Upholds First Trial Judgment Under New PM(NOC) Regulations
...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......
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First Trial Decision Under Canada's Amended Patented Medicines (Notice Of Compliance) Regulations Offers Guidance On Key Issues
...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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First Trial Judgment Under New PMNOC Regulations Declares Claims To Biologic Drug Invalid
...trial judgment in an action brought under the new Patented Medicines (Notice of Compliance) Regulations. In Amgen Inc v Pfizer Canada ULC, 2020 FC 522, the Court dismissed Amgen's action and declared certain claims in Canadian Patent No. 1,341,537 (537 Patent) invalid for obviousness. The a......
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