Amgen Inc. v. Pfizer Canada ULC, 2020 FCA 188

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2020 FCA 188
Date03 November 2020
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9 practice notes
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...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 defining the invention, rather than to each of its discrete elements: Allergan a......
  • Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189
    • Canada
    • Federal Court (Canada)
    • December 24, 2020
    ...that must be applied contextually to the facts and circumstances of each claim: Amgen Inc and Amgen Canada Inc v Pfizer Canada ULC, 2020 FCA 188 at para 7. It also must be applied to the combination of the elements of the invention as a whole, rather than to each of its discrete elements: T......
  • IP Litigation 2020 Year In Review
    • Canada
    • Mondaq Canada
    • January 30, 2021
    ...12. Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2020 FC 1 (Justice Grammond). 13. Amgen Inc. v. Pfizer Canada ULC, 2020 FCA 188 (Stratas, Gleason, Laskin 14. ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2020 FC 486 . 15. ViiV Healthcare Company v. Gilead Scienc......
  • Federal Court of Appeal Upholds First Trial Judgment under New PM(NOC) Regulations
    • Canada
    • LexBlog Canada
    • November 18, 2020
    ...new Patented Medicines (Notice of Compliance) Regulations. In Amgen Inc v Pfizer Canada ULC, 2020 FCA 188, the Court dismissed Amgen’s appeal from the Federal Court’s decision declaring certain claims in Amgen’s Canadian Patent No. 1,341,537 (537 Patent) invalid for obviousness. The action ......
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3 cases
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...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 defining the invention, rather than to each of its discrete elements: Allergan a......
  • Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189
    • Canada
    • Federal Court (Canada)
    • December 24, 2020
    ...that must be applied contextually to the facts and circumstances of each claim: Amgen Inc and Amgen Canada Inc v Pfizer Canada ULC, 2020 FCA 188 at para 7. It also must be applied to the combination of the elements of the invention as a whole, rather than to each of its discrete elements: T......
  • NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
    • Canada
    • Federal Court (Canada)
    • November 7, 2023
    ...each element of the invention and a segmented approach to the analysis should be avoided: Teva FC 2018; Amgen Inc v Pfizer Canada ULC, 2020 FCA 188 at paras (a) The Inventive Concept [149] The inquiry into the inventive concept follows from and is informed by the claim construction, but is ......
7 firm's commentaries
  • IP Litigation 2020 Year In Review
    • Canada
    • Mondaq Canada
    • January 30, 2021
    ...12. Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2020 FC 1 (Justice Grammond). 13. Amgen Inc. v. Pfizer Canada ULC, 2020 FCA 188 (Stratas, Gleason, Laskin 14. ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2020 FC 486 . 15. ViiV Healthcare Company v. Gilead Scienc......
  • Federal Court of Appeal Upholds First Trial Judgment under New PM(NOC) Regulations
    • Canada
    • LexBlog Canada
    • November 18, 2020
    ...new Patented Medicines (Notice of Compliance) Regulations. In Amgen Inc v Pfizer Canada ULC, 2020 FCA 188, the Court dismissed Amgen’s appeal from the Federal Court’s decision declaring certain claims in Amgen’s Canadian Patent No. 1,341,537 (537 Patent) invalid for obviousness. The action ......
  • Federal Court Of Appeal Upholds First Trial Judgment Under New PM(NOC) Regulations
    • Canada
    • Mondaq Canada
    • November 20, 2020
    ...has upheld the first trial judgment under the new Patented Medicines (Notice of Compliance) Regulations. In Amgen Inc v Pfizer Canada ULC, 2020 FCA 188, the Court dismissed Amgen's appeal from the Federal Court's decision declaring certain claims in Amgen's Canadian Patent No. 1,341,537 (53......
  • Federal Court of Appeal dismisses appeal of first trial decision under the amended PMNOC Regulations
    • Canada
    • JD Supra Canada
    • November 25, 2020
    ...dismissed the appeal of the first trial decision under the amended Patented Medicines (Notice of Compliance) Regulations: Amgen v Pfizer, 2020 FCA 188. Amgen had appealed the trial decision, previously reported here, which held obvious the asserted claims of Canadian Patent No. 1,341,537, r......
  • Request a trial to view additional results

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