Leo Pharma Inc. v. Teva Canada Ltd. et al., 2015 FC 1237
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Locke, J. |
| Court | Federal Court (Canada) |
| Subject Matter | PATENTS OF INVENTION,PRACTICE,FOOD AND DRUG CONTROL |
| Citation | 2015 FC 1237 |
| Date | 18 November 2015 |
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10 practice notes
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...the patent and for the assessment of obviousness that will be required later in these Reasons (see Leo Pharma Inc v Teva Canada Limited, 2015 FC 1237 at para 103 [Leo Pharma]). [172] The Skilled Person is a hypothetical person possessing the ordinary skill and knowledge of the particular ar......
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Gemak Trust v. Jempak Corporation, 2022 FCA 141
...skilled in the relevant art at the relevant time”. [96] Indeed, as Justice Locke noted in Leo Pharma Inc. v. Teva Canada Ltd., 2015 FC 1237 at para. 107, aff’d 2017 FCA 50, not all information available to the skilled person is necessarily common general knowledge. As stated i......
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Shire Canada Inc. v. Apotex Inc. et al., 2016 FC 382
...and counterintuitive. It warrants some discussion. [37] I addressed this issue in my decision in Leo Pharma Inc v Teva Canada Limited , 2015 FC 1237 at paras 62-64, and neither party in the present application argued that my analysis there was flawed. I reproduce it here and rely upon it: [......
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Janssen Inc. v. Apotex Inc., 2019 FC 1355
...of reality by leading evidence that is not clearly incapable of establishing the allegations (see Leo Pharma Inc v Teva Canada Limited, 2015 FC 1237, 262 ACWS (3d) 1024, aff’d 2017 FCA 50). Once that burden is met, Janssen must show on the balance of probabilities that the allegations are n......
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7 cases
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...the patent and for the assessment of obviousness that will be required later in these Reasons (see Leo Pharma Inc v Teva Canada Limited, 2015 FC 1237 at para 103 [Leo Pharma]). [172] The Skilled Person is a hypothetical person possessing the ordinary skill and knowledge of the particular ar......
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Gemak Trust v. Jempak Corporation, 2022 FCA 141
...skilled in the relevant art at the relevant time”. [96] Indeed, as Justice Locke noted in Leo Pharma Inc. v. Teva Canada Ltd., 2015 FC 1237 at para. 107, aff’d 2017 FCA 50, not all information available to the skilled person is necessarily common general knowledge. As stated i......
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Valley Blades Ltd v. Usinage Pro-24 Inc, 2023 FC 1749
...a POSITA is not risk-averse: “I do not accept that the skilled person avoids risk” (Leo Pharma Inc v Teva Canada Limited, 2015 FC 1237 at para 105; see also Amgen v Pfizer, 2020 FC 522 [Amgen] at paras 327-330). The POSITA can face some level of uncertainty along the way: ......
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Shire Canada Inc. v. Apotex Inc. et al., 2016 FC 382
...and counterintuitive. It warrants some discussion. [37] I addressed this issue in my decision in Leo Pharma Inc v Teva Canada Limited , 2015 FC 1237 at paras 62-64, and neither party in the present application argued that my analysis there was flawed. I reproduce it here and rely upon it: [......
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4 firm's commentaries
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Evidence For Establishing Sound Prediction And The Use Of Trial And Error Experimentation To Establish An Enabling Disclosure
...considering enablement was correct and was properly applied in the Court below Footnotes 1 2017 FCA 50, on appeal from Leo Pharma v Teva, 2015 FC 1237 2 Teva v Pfizer, 2012 SCC 60 The content of this article is intended to provide a general guide to the subject matter. Specialist advice sho......
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Pharma In Brief - Federal Court Of Appeal Upholds Prohibition Order Against Generic DOVOBET®, Dismisses Inutility And Insufficiency Challenges
...Teva Canada Limited v Leo Pharma Inc, 2017 FCA 50 (A-508-15), aff'g 2015 FC 1237 Drug: DOVOBET® (calcipotriol/betamethasone dipropionate ointment) Nature of case: Appeal from application for prohibition order granted pursuant to section 6 of the Patented Medicines (Notice of Compliance) R......
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Patented Medicines (Notice Of Compliance) Decisions (Intellectual Property Weekly Abstracts Bulletin Week Of January 18, 2016)
...order; finds allegations of obviousness, lack of utility and insufficiency not justified Leo Pharma Inc. v Teva Canada Limited, 2015 FC 1237 In a decision issued on November 18, 2015, the Federal Court allowed the proceeding, granting Leo Pharma a prohibition order in relation to its patent......
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Pharma In Brief - Federal Court Grants Prohibition Order In Relation To An Ointment Used For The Treatment Of Psoriasis
...Leo Pharma Inc v Teva Canada Limited et al, 2015 FC 1237 Drug: DOVOBET® (calcipotriol monohydrate / betamethasone Nature of case: Prohibition application regarding validity of a formulation patent Successful party: Leo Pharma Inc. Date of decision: November 18, 2015 Summary Leo Pharma Inc. ......