Les Laboratoires Servier v. Apotex Inc., 2019 FC 616
| Court | Federal Court (Canada) |
| Case Date | May 08, 2019 |
| Jurisdiction | Canada (Federal) |
| Citations | 2019 FC 616 |
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17 practice notes
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...element that would keep it tethered to the invention actually disclosed (see, for example, Les Laboratoires Servier v Apotex Inc., 2019 FC 616, para 209; Seedlings, para 181). This is not the case for the claim elements at issue. In the case at hand, the claimed element is tailored to its p......
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Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814
...should not be applied in the manner suggested by Apotex, akin to the promise doctrine (see Les Laboratoires Servier v Apotex Inc, 2019 FC 616 at para 237; Apotex Inc v Abbott Laboratories, Limited, 2018 ONSC 5199 at paras 8, 27–28). [359] Apotex has not met its burden to establish that Cl......
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...to try” test must follow in the furrow of the preceding application of that test. [329] Similarly, in Laboratoires Servier v Apotex Inc, 2019 FC 616 at paragraph 269, Justice Roy held: [269] […] There is no need to have certainty that the “try” in the obvious to try will be successful. It i......
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...96). This has also been referred to as the “evergreen” problem (Whirlpool at para 63; Les Laboratoires Servier v Apotex Inc, 2019 FC 616 at para 305). One consequence of this is that a later expiring patent typically cannot be used to invalidate an earlier expiring patent, tho......
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6 cases
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...element that would keep it tethered to the invention actually disclosed (see, for example, Les Laboratoires Servier v Apotex Inc., 2019 FC 616, para 209; Seedlings, para 181). This is not the case for the claim elements at issue. In the case at hand, the claimed element is tailored to its p......
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Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814
...should not be applied in the manner suggested by Apotex, akin to the promise doctrine (see Les Laboratoires Servier v Apotex Inc, 2019 FC 616 at para 237; Apotex Inc v Abbott Laboratories, Limited, 2018 ONSC 5199 at paras 8, 27–28). [359] Apotex has not met its burden to establish that Cl......
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...to try” test must follow in the furrow of the preceding application of that test. [329] Similarly, in Laboratoires Servier v Apotex Inc, 2019 FC 616 at paragraph 269, Justice Roy held: [269] […] There is no need to have certainty that the “try” in the obvious to try will be successful. It i......
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Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
...to understand and are trying to achieve success, not looking for difficulties or seeking failure: Les Laboratoires Servier v Apotex Inc, 2019 FC 616 at para 156, citing Free World at para 44. They objectively apply the same standards to all issues, which relate to construction and validity ......
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9 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
...301 ("Raloxifene"); Merck Sharp & Dohme Corp v. Pharmascience Inc., 2022 FC 417 ("Sitagliptin"); Les Laboratoires Servier v. Apotex Inc., 2019 FC 616 2 GlaxoSmithKline Inc et al. v. Genpharm Inc et al. (2003), 30 CPR (4th) 360 (FCTD) ("Paroxetine"). 3 Strictly speaking, "polymorphs" retain ......
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Seedlings Clarifies Key Patent Litigation Issues
...Aux Sable Liquid Products LP v. JL Energy Transportation Inc., 2019 FC 581 at paras. 56-74, and Les Laboratoires Servier v. Apotex Inc., 2019 FC 616 at paras. [10] At para 174. [11] At para 253. [12] At para. 252, citing Colonial Fastener Co v Lightning Fastener Co, 1936 CanLII 26 (SCC), [1......
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Going Overboard On Overbreadth
...how such an allegation of invalidity is approached by the Court. Two recent Federal Court decisions, Les Laboratories Servier v Apotex (2019 FC 616) ("Laboratories Servier") and Aux Sable Liquid Products LP v JL Energy Transportation (2019 FC 581) ("Aux Sable"), have further muddied the wat......
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Rx IP Update - May 2019
...arginine/amlodipine product (Servier’s VIACORAM): Les Laboratoires Servier v Apotex Inc, 2019 FC 616. Apotex had alleged that the patent was invalid for obviousness, overbreadth, inutility and insufficiency. The 825 Patent claimed the arginine salt of perindopril and its The Federal Court h......
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