Bayer Inc. et al. v. Cobalt Pharmaceuticals Co., 2016 FC 1013
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Fothergill, J. |
| Court | Federal Court (Canada) |
| Subject Matter | FOOD AND DRUG CONTROL,PRACTICE,PATENTS OF INVENTION |
| Citation | 2016 FC 1013 |
| Date | 07 September 2016 |
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19 practice notes
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...Kennedy refers to the recent canvassing and acceptance of the experimental use exception by Justice Fothergill in Bayer Inc v Apotex Inc, 2016 FC 1013, 142 CPR (4 th) 1 [Bayer v Apotex]: [157] Section 28.2 of the Act does not provide for an exception for experimental use. However, as recen......
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...of comity has no application with respect to findings of fact (at para 50). As Justice Fothergill explained in Bayer Inc v Apotex Inc, 2016 FC 1013 [Bayer] at para 54, in the context of an action for patent infringement following an earlier NOC decision: [54] Previous findings of fact or mi......
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Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
...7(i). [136] Allergan argues that a finding on inventive concept is a question of law that is prima facie binding: Bayer Inc v Apotex Inc, 2016 FC 1013 [Bayer] at para 53; Apotex Inc v Pfizer Canada Inc, 2013 FC 493 at paras [137] Second, Allergan points out that the experts, including Dr. A......
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Teva Canada Innovation v. Pharmascience Inc., 2020 FC 1158
...the law recognizes that there is no disclosure for the purposes of anticipation where a prior use is experimental (Bayer Inc v Apotex Inc, 2016 FC 1013 at paras 157, 162). If a patent cannot be anticipated by its own clinical study, in my view, it cannot be anticipated by the speculative re......
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11 cases
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...Kennedy refers to the recent canvassing and acceptance of the experimental use exception by Justice Fothergill in Bayer Inc v Apotex Inc, 2016 FC 1013, 142 CPR (4 th) 1 [Bayer v Apotex]: [157] Section 28.2 of the Act does not provide for an exception for experimental use. However, as recen......
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...of comity has no application with respect to findings of fact (at para 50). As Justice Fothergill explained in Bayer Inc v Apotex Inc, 2016 FC 1013 [Bayer] at para 54, in the context of an action for patent infringement following an earlier NOC decision: [54] Previous findings of fact or mi......
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Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
...7(i). [136] Allergan argues that a finding on inventive concept is a question of law that is prima facie binding: Bayer Inc v Apotex Inc, 2016 FC 1013 [Bayer] at para 53; Apotex Inc v Pfizer Canada Inc, 2013 FC 493 at paras [137] Second, Allergan points out that the experts, including Dr. A......
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Teva Canada Innovation v. Pharmascience Inc., 2020 FC 1158
...the law recognizes that there is no disclosure for the purposes of anticipation where a prior use is experimental (Bayer Inc v Apotex Inc, 2016 FC 1013 at paras 157, 162). If a patent cannot be anticipated by its own clinical study, in my view, it cannot be anticipated by the speculative re......
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8 firm's commentaries
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Court Of Appeal Upholds Finding Of Infringement And Only Requires A 'Mere Scintilla' Of Utility (Intellectual Property Weekly Abstracts Bulletin (Week Of SEPTEMBER 19, 2016)
...Trial judge acknowledges stare decisis and comity in relation to findings from the previous NOC proceedings Bayer Inc. v. Apotex Inc., 2016 FC 1013 This was a patent infringement action against Apotex and Cobalt, relating to a combination of drospirenone and ethinylestradiol for an effectiv......
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Pharma In Brief - Federal Court Addresses The Relationship Between Prohibition Applications And Infringement/Impeachment Actions
...Bayer Inc. v Cobalt Pharmaceuticals Company, 2016 FC 1013 (Court Files No. T-1379-13, T-1468-13, and Drug: By Bayer Inc.: YAZ (3.0 mg drospirenone and 0.020 mg ethinyl estradiol tablets) and YASMIN (3.0 mg drospirenone and 0.030 mg ethinyl estradiol tablets) By Apotex Inc. (Apotex): MYA (3.......
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Patent Survives Anticipation Attack Based On Use In Phase III Clinical Trial
...thus did not apply to determinations of, in this case, the person of ordinary skill in the art and findings of obviousness. Footnotes 1 2016 FC 1013 2 See Bayer Inc v Cobalt Pharmaceuticals Company, 2013 FC 1061, aff'd 2015 FCA 116 and Bayer Inc v Apotex Inc, 2014 FC 436. The content of thi......
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Rx IP Update - February 2018
...Bayer’s valid patent for an oral contraceptive composition combining drospirenone and ethinyl estradiol (Bayer’s YAZ and YASMIN) (2016 FC 1013, as reported here). The Federal Court subsequently held that Bayer was entitled to elect between damages and an accounting of Apotex’s profits (2016......
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