Apotex Inc. v. Shire LLC, 2021 FCA 52
| Jurisdiction | Federal Jurisdiction (Canada) |
| Citation | 2021 FCA 52 |
| Court | Court of Appeal (Canada) |
| Date | 11 March 2021 |
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33 practice notes
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...77). [368] Recently, Justice Rennie of the Federal Court of Appeal attempted to dispel some of this confusion in Apotex Inc. v Shire LLC, 2021 FCA 52 [Shire]. At paragraphs 67 to 69, he summarizes the relevant jurisprudence and sets down guiding principles which aim to shed some light on th......
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...(Apotex Inc v Pfizer Canada Inc, 2019 FCA 16 at para 39) and is to be undertaken on a claim-by-claim basis (Apotex Inc v Shire LLC, 2021 FCA 52 at paras 26 and 55 (2) PSA and CGK [183] The PSA and their CGK were set out earlier at paragraphs [76] through [89] of these reasons. I adopt the......
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...to meet the requirements of anticipation. AbbVie points to the Federal Court of Appeal’s decision in Apotex Inc v Shire LLC, 2021 FCA 52 [Shire] at paragraph 45, and says that the cases relied on by JAMP must be read in light of this decision. [160] To add to this discussion, Profess......
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Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
...Claims alone, or with the benefit of additional information in the 770 Patent specification: Sanofi at para 77; Apotex Inc v Shire LLC, 2021 FCA 52 at paras 67-69. I agree that the skilled person would not interpret synergy to form part of the inventive concept. The skilled person would und......
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15 cases
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...77). [368] Recently, Justice Rennie of the Federal Court of Appeal attempted to dispel some of this confusion in Apotex Inc. v Shire LLC, 2021 FCA 52 [Shire]. At paragraphs 67 to 69, he summarizes the relevant jurisprudence and sets down guiding principles which aim to shed some light on th......
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...(Apotex Inc v Pfizer Canada Inc, 2019 FCA 16 at para 39) and is to be undertaken on a claim-by-claim basis (Apotex Inc v Shire LLC, 2021 FCA 52 at paras 26 and 55 (2) PSA and CGK [183] The PSA and their CGK were set out earlier at paragraphs [76] through [89] of these reasons. I adopt the......
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...to meet the requirements of anticipation. AbbVie points to the Federal Court of Appeal’s decision in Apotex Inc v Shire LLC, 2021 FCA 52 [Shire] at paragraph 45, and says that the cases relied on by JAMP must be read in light of this decision. [160] To add to this discussion, Profess......
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Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
...Claims alone, or with the benefit of additional information in the 770 Patent specification: Sanofi at para 77; Apotex Inc v Shire LLC, 2021 FCA 52 at paras 67-69. I agree that the skilled person would not interpret synergy to form part of the inventive concept. The skilled person would und......
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17 firm's commentaries
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Form I: Crystal Form Patents In The Federal Court Of Canada ' A Review Of Case Law On Claims Construction And Selection Patents
...of DPP-4, such as type 2 diabetes: Sitagliptin, supra, at para. 12. 23 Sitagliptin, supra, para. 112. 24 Apotex Inc. v. Shire LLC, 2021 FCA 52 ("Lisdexamfetamine") para. 31; Sitagliptin, supra, para. 25 Lisdexamfetamine, supra, para. 32: Failure to characterize a patent one way or another i......
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Patent Infringement Summary Judgment Trend Continues
...was divided on the motion. Footnotes 1. See paras.104 and 106, respectively. 2. Ciba v SNF, 2017 FCA 225 at para.77. 3. Apotex v Shire, 2021 FCA 52 at 4. Canmar, 2019 FC 1233, Gemak, 2020 FC 644 and Viiv, 2020 FC 486 all dismissed proceedings on summary judgment for non-infringement. Read t......
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Patent Infringement Summary Judgment Trend Continues
...was divided on the motion. Footnotes 1. See paras.104 and 106, respectively. 2. Ciba v SNF, 2017 FCA 225 at para.77. 3. Apotex v Shire, 2021 FCA 52 at 4. Canmar, 2019 FC 1233, Gemak, 2020 FC 644 and Viiv, 2020 FC 486 all dismissed proceedings on summary judgment for non-infringement. Read t......
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Federal Court Of Appeal Confirms MEG Energy Does Not Infringe An Invalid Patent
...v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61 at paras. 23-26. 10. Swist at para. 55. 11. Swist at para. 69. 12. Swist at para. 75. 13. 2021 FCA 52 ["Shire 14. Shire FCA at para. 34. 15. Swist at para. 76. To view the original article click here The content of this article is intended to pr......
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