Janssen Inc. et al. v. Teva Canada Ltd. et al., [2015] N.R. Uned. 12 (FCA)
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Stratas, Ryer and Boivin, JJ.A. |
| Court | Court of Appeal (Canada) |
| Subject Matter | PRACTICE,ADMINISTRATIVE LAW,COURTS |
| Citation | [2015] N.R. Uned. 12 (FCA),[2015] N.R. Uned. 12,2015 FCA 36 |
| Date | 04 February 2015 |
-
- 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
9 practice notes
-
Shire's Vyvanse Patent Valid And Infringed Federal Court Raises Key Patent Law Issues
...Welfare), 2006 FCA 92 at para. 5; Janssen Inc. v. Mylan Pharmaceuticals ULC, 2011 FCA 16 at para. 1; Janssen Inc. v. Teva Canada Limited, 2015 FCA 36 at para. 7), and paras. 95-96, citing Norman Siebrasse, "Time to Abandon the Doctrine of Selection Patents?" (July 26, 2013), Sufficient Desc......
-
Amgen Canada Inc. et al. v. Apotex Inc. et al., 2016 FCA 196
...has determined interlocutory mootness motions similar to this before the appeal hearing: see, e.g., Janssen Inc. v. Teva Canada Limited, 2015 FCA 36. Finally, deciding this motion now—rather than at a hearing some months away—advances judicial C. Is this appeal moot? [12] This appeal is moo......
-
Amgen Inc. v. Pfizer Canada Inc., 2018 FC 1078
...were regarded as irrelevant and any appeal from an application that was dismissed were rendered moot (Janssen v. Teva Canada Limited, 2015 FCA 36; Abbott Laboratories v. Apotex, 2007 FCA 368; Eli Lilly v. Novopharm, 2007 FCA 359). In those circumstances, unsuccessful applicants could be pre......
-
Pharma In Brief - Patents Found Obvious; Subsequent Appeal Moot
...and Canada (Health), 2015 FC 184 (T-2195-12); and Janssen Inc v Teva Canada Limited and Canada (Health), 2015 FC 247 (T-2194-12) aff'd 2015 FCA 36 Drug: VELCADE® Nature of case: Prohibition proceedings pursuant to PM(NOC) Regulations Successful Party: Teva Canada Limited Dates of decisions:......
Request a trial to view additional results
5 cases
-
Amgen Canada Inc. et al. v. Apotex Inc. et al., 2016 FCA 196
...has determined interlocutory mootness motions similar to this before the appeal hearing: see, e.g., Janssen Inc. v. Teva Canada Limited, 2015 FCA 36. Finally, deciding this motion now—rather than at a hearing some months away—advances judicial C. Is this appeal moot? [12] This appeal is moo......
-
Amgen Inc. v. Pfizer Canada Inc., 2018 FC 1078
...were regarded as irrelevant and any appeal from an application that was dismissed were rendered moot (Janssen v. Teva Canada Limited, 2015 FCA 36; Abbott Laboratories v. Apotex, 2007 FCA 368; Eli Lilly v. Novopharm, 2007 FCA 359). In those circumstances, unsuccessful applicants could be pre......
-
Sin v. Canada, (2015) 472 F.T.R. 189 (FC)
...Rates on Foreign Legations, [1943] S.C.R. 208, refd to. [para. 12]. Janssen Inc. et al. v. Teva Canada Ltd. et al., [2015] N.R. Uned. 12; 2015 FCA 36, refd to. [para. R. v. Hape (L.R.), [2007] 2 S.C.R. 292; 363 N.R. 1; 227 O.A.C. 191; 2007 SCC 26, refd to. [para. 16]. Statutes Noticed: Immi......
-
Coldwater Indian Band v. Canada (Attorney General), 2019 FCA 292
...motion is it? Is a motion of this type usually or commonly determined at a certain time? See, e.g., Janssen Inc. v. Teva Canada Limited, 2015 FCA 36; Tsleil-Waututh Nation No. 1 at para. 22. Does judicial economy favour hearing the motion before the hearing? See Amgen at para. 11. What are ......
Request a trial to view additional results
4 firm's commentaries
-
Shire's Vyvanse Patent Valid And Infringed Federal Court Raises Key Patent Law Issues
...Welfare), 2006 FCA 92 at para. 5; Janssen Inc. v. Mylan Pharmaceuticals ULC, 2011 FCA 16 at para. 1; Janssen Inc. v. Teva Canada Limited, 2015 FCA 36 at para. 7), and paras. 95-96, citing Norman Siebrasse, "Time to Abandon the Doctrine of Selection Patents?" (July 26, 2013), Sufficient Desc......
-
Pharma In Brief - Patents Found Obvious; Subsequent Appeal Moot
...and Canada (Health), 2015 FC 184 (T-2195-12); and Janssen Inc v Teva Canada Limited and Canada (Health), 2015 FC 247 (T-2194-12) aff'd 2015 FCA 36 Drug: VELCADE® Nature of case: Prohibition proceedings pursuant to PM(NOC) Regulations Successful Party: Teva Canada Limited Dates of decisions:......
-
Canada Patented Medicines: Federal Court Of Appeal Confirms Mootness Of Innovator Appeals After Generic Marketing Authorization Is Granted
...close the barn door after the horses have escaped. With this analogy, the Federal Court of Appeal in Janssen Inc. v. Teva Canada Limited, 2015 FCA 36 has confirmed that an appeal from an order dismissing a prohibition application under the PM(NOC) Regulations becomes moot once the generic n......
-
Appeal In NOC Proceeding Dismissed As Moot (Intellectual Property Weekly Abstracts Bulletin, Week Of February 9, 2015)
...Saunders , Beverley Moore and Adrian Howard PATENTS Appeal in NOC Proceeding Dismissed as Moot Janssen Inc. v. Teva Canada Limited, 2015 FCA 36 The Court of Appeal granted Teva's motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent's request for an oral hearing o......