Lundbeck Canada Inc. v. ratiopharm and The Minister of Health (Bennett Jones LLP) Awarded 1020 Canadian Patent Case of the Year

Profession:Bennett Jones LLP

By Arthur Renaud

April 16, 2010 (Washington, D.C.) - Bennett Jones was the recipient of Managing Intellectual Property's award handed out in Washington, D.C. last night for "Canadian Patent Case of the Year".

The case involved Bennett Jones' client, ratiopharm Inc., which was sued in the Federal Court of Canada by Lundbeck Canada Inc. (and others). Lundbeck unsuccessfully sought a prohibition Order to prevent the Minister of Health from issuing a Notice of Compliance to ratiopharm in respect to the Alzheimer's drug, memantine. Shortly after the dismissal of Lundbeck's proceedings, ratiopharm secured its NOC.

Arthur Renaud, partner and practice group leader of Bennett Jones' Intellectual Property Litigation group, who acted for ratiopharm in the case, remarked that "the noteworthy aspect of this decision, beyond clearing a path for market introduction of lower-cost memantine for patients, was the Court's assessment of the patentee's duty of good faith when responding to Patent Examiner requisitions. The duty was found to be one of full, frank and fair disclosure of all material facts, at least those facts arising from documents on file with the Patent Office, that have a bearing on the questions asked, or positions taken, by the Examiner in the requisition."...

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