Apotex Inc. v. Pfizer Inc. et al., 2016 FC 136
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Diner, J. |
| Court | Federal Court (Canada) |
| Subject Matter | COURTS,PATENTS OF INVENTION,PRACTICE,STATUTES |
| Date | 04 February 2016 |
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13 practice notes
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Apotex Inc. c. Pfizer Canada Inc.,
...1 R.C.F. APOTEX INC. c. PFIZER CANADA INC. 32016 FC 136T-393-14Apotex Inc. (Plaintiff)v.Pfizer Inc., Pharmacia Aktiebolag and Pfizer Canada Inc. (Defendants)T-1064-13Apotex Inc. (Plaintiff/Defendant by counterclaim)v.Pfizer Canada Inc. (Defendant/Plaintiff by counterclaim)andPharmacia Aktie......
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Apotex Inc. c. Pfizer Inc.,
...fee for the issuance of Canadian Patent No. 1339132 (the '132 patent) invalidated the patent. The Federal Court disagreed: 2016 FC 136, [2017] 1 F.C.R. 3 [Federal Court reasons]. Apotex appeals.[2] The facts relevant to this appeal are not in dispute. The main issue before us is the ......
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Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd., 2021 FC 314
...more expeditious and less expensive means to achieve a just result: Hryniak v Mauldin, 2014 SCC 7 at para 49; Apotex Inc v Pfizer Inc, 2016 FC 136 [Apotex] at para 31. Where the record before the motions judge does not permit the judge to make the necessary findings of fact, or where it wou......
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Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112
...the Defendants, and no cross-motion was brought by the Plaintiff. [101] Citing this Court’s decision in Apotex Inc. v. Pfizer Canada Inc., 2016 FC 136, [2017] 1 F.C.R. 3, the Plaintiff submits that the Court can indeed grant summary judgment in favour of a party responding to a motion for s......
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7 cases
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Apotex Inc. c. Pfizer Canada Inc.,
...1 R.C.F. APOTEX INC. c. PFIZER CANADA INC. 32016 FC 136T-393-14Apotex Inc. (Plaintiff)v.Pfizer Inc., Pharmacia Aktiebolag and Pfizer Canada Inc. (Defendants)T-1064-13Apotex Inc. (Plaintiff/Defendant by counterclaim)v.Pfizer Canada Inc. (Defendant/Plaintiff by counterclaim)andPharmacia Aktie......
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Apotex Inc. c. Pfizer Inc.,
...fee for the issuance of Canadian Patent No. 1339132 (the '132 patent) invalidated the patent. The Federal Court disagreed: 2016 FC 136, [2017] 1 F.C.R. 3 [Federal Court reasons]. Apotex appeals.[2] The facts relevant to this appeal are not in dispute. The main issue before us is the ......
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Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd., 2021 FC 314
...more expeditious and less expensive means to achieve a just result: Hryniak v Mauldin, 2014 SCC 7 at para 49; Apotex Inc v Pfizer Inc, 2016 FC 136 [Apotex] at para 31. Where the record before the motions judge does not permit the judge to make the necessary findings of fact, or where it wou......
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Milano Pizza Ltd. v. 6034799 Canada Inc., 2018 FC 1112
...the Defendants, and no cross-motion was brought by the Plaintiff. [101] Citing this Court’s decision in Apotex Inc. v. Pfizer Canada Inc., 2016 FC 136, [2017] 1 F.C.R. 3, the Plaintiff submits that the Court can indeed grant summary judgment in favour of a party responding to a motion for s......
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5 firm's commentaries
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FCA Limits Scope of Dutch Industries and Declines to Invalidate Patent on the Basis of Administrative Non-Compliance with Patent Act in latanoprost s. 8 case
...Apotex Inc v Pfizer Canada Inc et al, 2017 FCA 201 Apotex Inc v Pfizer Canada Inc et al, 2016 FC 136 Pfizer Canada Inc. successfully resisted Apotex’s appeal of the Federal Court’s dismissal of Apotex’s motion for summary judgment for invalidity based on a failure to pay the correct “final ......
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Pharma In Brief - Federal Court Refuses To Invalidate Issued Patent Based On Deficient Fee Payment Made During Prosecution
...Apotex Inc. v Pfizer Canada Inc. et al., 2016 FC 136 (Court File Nos. T-1064-13 and Drug: XALATAN® (latanoprost) Nature of case: Motion for summary judgment to impeach a patent Successful party: Pfizer Canada Inc. Date of decision: February 4, 2016 Summary The Federal Court found that failu......
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Federal Court Holds Issued Patent Valid Despite Erroneous Issue Fee Payment
...a February 4, 2016 decision, Apotex Inc v Pfizer Inc ("Apotex"), 2016 FC 136, the Federal Court found that an erroneous underpayment of a "final fee" to issue a patent did not invalidate the issued patent. In so doing, the Court distinguished between substantive breaches of the statute that......
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Canadian IP Law And Practice In 2016: Reviewing The Highlights
..."administrative breach" of the statute can only be fatal to a patent application. More particularly, the Court in Apotex Inc v Pfizer Inc, 2016 FC 136, held that the fact that the final fee for issuance of a patent was erroneously paid at the "small entity" level for a "large entity" did no......
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