Apotex Inc. v. ADIR, 2020 FCA 60
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2020 FCA 60 |
| Date | 11 March 2020 |
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11 practice notes
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Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
...Canada Inc. (1998), 78 C.P.R. (3d) 129 ; Unilever PLC v. Procter & Gamble Inc. (1993), 47 C.P.R. (3d) 479 ; Apotex Inc. v. ADIR, 2020 FCA 60, 172 C.P.R. (4th) 1 ; AlliedSignal Inc. v. Du Pont Canada Inc. (1995), 61 C.P.R. (3d) 417 ; Bayer Inc. v. Cobalt Pharmaceuticals Co., 2016 FC......
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Apotex Inc. v. Eli Lilly and Company,
...of review”. The error must be obvious and go to the “very core of the outcome of the case” (ADIR v. Apotex Inc., 2020 FCA 60, 172 C.P.R. (4 th) 1 at paras. 71-73). Findings of mixed fact and law are to be reviewed on the same deferential standard unless an extricable l......
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Coulda, Shoulda, But Not Likely Woulda: Federal Court Of Appeal Affirms Finding That Generic Would Not Have Used A Non-Infringing Alternative
...Fulbright Canada LLP represented Servier at all stages of this litigation, which commenced in 2006. Links Redetermination - 2018 FC 346 ; 2020 FCA 60 Accounting of profits - 2015 FC 721; 2017 FCA 23 Validity and infringement - 2008 FC 825; 2009 FCA 222 About Norton Rose Fulbright Canada Nor......
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IP Litigation 2020 Year In Review
...55. Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2020 FC 1 at para. 252 (Justice Grammond) 56. Apotex Inc. v. ADIR, 2020 FCA 60 at para. 106 (Webb, Near, Mactavish 57. Apotex Inc. v. ADIR, 2020 FCA 60 at paras. 107-110. 58. Dnow Canada ULC v. Grenke Estate, 2020 FCA 61 a......
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3 cases
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Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
...Canada Inc. (1998), 78 C.P.R. (3d) 129 ; Unilever PLC v. Procter & Gamble Inc. (1993), 47 C.P.R. (3d) 479 ; Apotex Inc. v. ADIR, 2020 FCA 60, 172 C.P.R. (4th) 1 ; AlliedSignal Inc. v. Du Pont Canada Inc. (1995), 61 C.P.R. (3d) 417 ; Bayer Inc. v. Cobalt Pharmaceuticals Co., 2016 FC......
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Apotex Inc. v. Eli Lilly and Company,
...of review”. The error must be obvious and go to the “very core of the outcome of the case” (ADIR v. Apotex Inc., 2020 FCA 60, 172 C.P.R. (4 th) 1 at paras. 71-73). Findings of mixed fact and law are to be reviewed on the same deferential standard unless an extricable l......
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Haynes v. Canada (Attorney General), 2023 FCA 158
...or plainly seen. An overriding error is one that affects the result. This is a very difficult standard to meet: ADIR v. Apotex Inc., 2020 FCA 60, at paras. [43] I appreciate that Mr. Haynes believes that the Federal Court judge “got it wrong” and that the documents in question......
8 firm's commentaries
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Coulda, Shoulda, But Not Likely Woulda: Federal Court Of Appeal Affirms Finding That Generic Would Not Have Used A Non-Infringing Alternative
...Fulbright Canada LLP represented Servier at all stages of this litigation, which commenced in 2006. Links Redetermination - 2018 FC 346 ; 2020 FCA 60 Accounting of profits - 2015 FC 721; 2017 FCA 23 Validity and infringement - 2008 FC 825; 2009 FCA 222 About Norton Rose Fulbright Canada Nor......
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IP Litigation 2020 Year In Review
...55. Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2020 FC 1 at para. 252 (Justice Grammond) 56. Apotex Inc. v. ADIR, 2020 FCA 60 at para. 106 (Webb, Near, Mactavish 57. Apotex Inc. v. ADIR, 2020 FCA 60 at paras. 107-110. 58. Dnow Canada ULC v. Grenke Estate, 2020 FCA 61 a......
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Coulda, Shoulda, but Not Likely Woulda: Federal Court of Appeal affirms finding that generic would not have used a non-infringing alternative
...all stages of this litigation, which commenced in 2006. Links Redetermination – 2018 FC 346 ; 2020 FCA 60 Accounting of profits – 2015 FC 721; 2017 FCA 23 Validity and infringement – 2008 FC 825; 2009 FCA 222 The Federal Court of Appeal has affirmed the Federal Court’s decision awarding an ......
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Federal Court Of Appeal Dismisses Apotex's Appeal Of $61M Profits Award To Servier/ADIR For Infringement Of Perindopril Patent
...ordering Apotex to pay over $61M from an accounting of profits from Apotex's infringement of ADIR's perindopril patent (Apotex Inc v ADIR 2020 FCA 60, aff'g 2018 FC 346 , previously Starting in 2006, Apotex manufactured perindopril tablets in Canada, and sold these in Canada and to its U.K......
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