Apotex Inc. v. Abbott Laboratories, Limited, 2018 ONSC 5199
| Judge | Michael G. Quigley J. |
| Court | Superior Court of Justice of Ontario (Canada) |
| Case Date | September 26, 2018 |
| Jurisdiction | Ontario |
| Citations | 2018 ONSC 5199 |
-
- 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
11 practice notes
-
Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814
...to the promise doctrine (see Les Laboratoires Servier v Apotex Inc, 2019 FC 616 at para 237; Apotex Inc v Abbott Laboratories, Limited, 2018 ONSC 5199 at paras 8, 27–28). [359] Apotex has not met its burden to establish that Claims 1, 3-4, 7-10 are invalid on the ground of overbreadth. F.......
-
Post-AstraZeneca: Has The Promise Doctrine Vanished From Patent Litigation? Likely, Yes
...FC 181; Hospira Healthcare Corp v. Kennedy Trust for Rheumatology Research, 2018 FC 259. 3 Apotex Inc. v. Abbott Laboratories, Limited, 2018 ONSC 5199 at para 27; see also Pfizer Canada Inc, at para 360. 4 Pfizer Canada Inc. v. Canada (Minister of Health), 2011 FCA 236, at paras 26-29, 54; ......
-
2018 Year In Review: Life Sciences
...in Hospira Healthcare Corp v Kennedy Trust for Rheumatology Research, 2018 FC 259 ("Hospira"), and Apotex Inc v Abbott Laboratories Ltd, 2018 ONSC 5199, that the Promise Doctrine allegations cannot be repackaged under the guise of insufficiency, overbreadth or misrepresentation. In Hospira,......
-
Going Overboard On Overbreadth
...clear language [in the Supreme Court's decision] to do so." Similarly, the Ontario Superior Court, in Apotex v Abbott Laboratories (2018 ONSC 5199) held that a party cannot simply raise promise based pleadings under a different ground of invalidity, and that the Court should "whack the zomb......
Request a trial to view additional results
3 cases
-
Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814
...to the promise doctrine (see Les Laboratoires Servier v Apotex Inc, 2019 FC 616 at para 237; Apotex Inc v Abbott Laboratories, Limited, 2018 ONSC 5199 at paras 8, 27–28). [359] Apotex has not met its burden to establish that Claims 1, 3-4, 7-10 are invalid on the ground of overbreadth. F.......
-
Kumar v. Heather,
...fraud must plead with particularity the specific facts that in law would constitute fraud: Apotex Inc. v Abbott Laboratories Limited, 2018 ONSC 5199 at 35. The statement of claim alleges no material facts which could establish any of the required elements of fraud. The pleadings of deceit a......
-
Les Laboratoires Servier v. Apotex Inc., 2019 FC 616
...to be unsound in AstraZeneca Canada Inc. v Apotex Inc., 2017 SCC 36 , [2017] 1 SCR 943 . In Apotex Inc. v Abbott Laboratories, Limited, 2018 ONSC 5199, the Ontario Superior Court refused to allow amendments to a reply and defense to counterclaim in what the case management judge called “p......
8 firm's commentaries
-
Post-AstraZeneca: Has The Promise Doctrine Vanished From Patent Litigation? Likely, Yes
...FC 181; Hospira Healthcare Corp v. Kennedy Trust for Rheumatology Research, 2018 FC 259. 3 Apotex Inc. v. Abbott Laboratories, Limited, 2018 ONSC 5199 at para 27; see also Pfizer Canada Inc, at para 360. 4 Pfizer Canada Inc. v. Canada (Minister of Health), 2011 FCA 236, at paras 26-29, 54; ......
-
2018 Year In Review: Life Sciences
...in Hospira Healthcare Corp v Kennedy Trust for Rheumatology Research, 2018 FC 259 ("Hospira"), and Apotex Inc v Abbott Laboratories Ltd, 2018 ONSC 5199, that the Promise Doctrine allegations cannot be repackaged under the guise of insufficiency, overbreadth or misrepresentation. In Hospira,......
-
Going Overboard On Overbreadth
...clear language [in the Supreme Court's decision] to do so." Similarly, the Ontario Superior Court, in Apotex v Abbott Laboratories (2018 ONSC 5199) held that a party cannot simply raise promise based pleadings under a different ground of invalidity, and that the Court should "whack the zomb......
-
Canadian Patent Law: 2018 Year In Review
...under another principle without clear language [in the Supreme Court's decision] to do so." Apotex Inc. v. Abbott Laboratories et al, 2018 ONSC 5199. In this decision, the Ontario Superior Court rejected Apotex's attempts to construe AstraZeneca as keeping the promise doctrine alive. In par......
Request a trial to view additional results