Shire Canada Inc. v. Apotex Inc. et al.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Judge | Locke, J. |
| Citation | 2016 FC 382 |
| Date | 07 April 2016 |
| Subject Matter | PRACTICE,FOOD AND DRUG CONTROL,PATENTS OF INVENTION |
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23 practice notes
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research
...of reliability and it is not a sufficient reason to prefer the evidence of one witness over another (see Shire Canada Inc v Apotex Inc, 2016 FC 382 at para 46, 265 ACWS (3d) 456). Further, given the involvement of the experts in this case in the development of RA treatments during the relev......
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Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation
...by this Court as one that should be read conjunctively. As noted by Justice Locke, then of this Court, in Shire Canada Inc v Apotex Inc, 2016 FC 382 [Shire] at paragraphs [135] A careful reader will note that the series of three questions from Improver which is quoted by the SCC does not ap......
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Gilead Sciences, Inc. v. Canada (Health)
...to the facts that arose in these cases. And see to the same effect the approach taken by Justice Locke in Shire Canada Inc v Apotex Inc, 2016 FC 382 paras 42-48. [35] More generally the weighing of expert evidence is a question of fact. Having reviewed the law, and as counsel for Apotex can......
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Allergan Inc. v. Apotex Inc.
...the opinion and the reasoning behind the conclusions. In that respect my conclusion is similar to that in Shire Canada Inc v Apotex Inc, 2016 FC 382, 265 ACWS (3d) 456 . [59] Blinding may in some cases be unhelpful because the opinion lacks proper context. In other cases blinding will prod......
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14 cases
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research
...of reliability and it is not a sufficient reason to prefer the evidence of one witness over another (see Shire Canada Inc v Apotex Inc, 2016 FC 382 at para 46, 265 ACWS (3d) 456). Further, given the involvement of the experts in this case in the development of RA treatments during the relev......
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Allergan Inc. v. Apotex Inc.
...the opinion and the reasoning behind the conclusions. In that respect my conclusion is similar to that in Shire Canada Inc v Apotex Inc, 2016 FC 382, 265 ACWS (3d) 456 . [59] Blinding may in some cases be unhelpful because the opinion lacks proper context. In other cases blinding will prod......
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Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation
...by this Court as one that should be read conjunctively. As noted by Justice Locke, then of this Court, in Shire Canada Inc v Apotex Inc, 2016 FC 382 [Shire] at paragraphs [135] A careful reader will note that the series of three questions from Improver which is quoted by the SCC does not ap......
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Gilead Sciences, Inc. v. Canada (Health)
...to the facts that arose in these cases. And see to the same effect the approach taken by Justice Locke in Shire Canada Inc v Apotex Inc, 2016 FC 382 paras 42-48. [35] More generally the weighing of expert evidence is a question of fact. Having reviewed the law, and as counsel for Apotex can......
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8 firm's commentaries
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Federal Court Of Appeal Reaffirms: The Right Expert Is Critical
...Maschinenfabrik GmbH Co. KG v. CAE Machinery Ltd., 1995 CarswellNat 149 at para. 53 (Fed. T.D.); and Shire Canada Inc. v. Apotex Inc., 2016 FC 382 at para. 10 At paras. 78, 80, 85. See also Bayer, supra, note 2 at para. 68 and cases cited therein. 11 At paras. 79-84, 86-93. The content of t......
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Court Grants Order Correcting Inventorship, But Declines To Order Recording Of Documents At Patent Office (Intellectual Property Weekly Abstracts Bulletin Week Of October 10)
...the approaches taken in the recent decisions in Eli Lilly Canada Inc v Apotex Inc, 2015 FC 875, and Shire Canada Inc v Apotex Inc, 2016 FC 382. The Court stated that "the blinding of a witness is a factor, one of perhaps several, that goes to weight, but it is not a matter that goes to admi......
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Pharma In Brief - Federal Court Dismisses NOC Application: Generic Mixed Amphetamine Salts Product Is Not Infringing
...Shire Canada Inc v Apotex Inc, 2016 FC 382 Drug: ADDERALL XR® (mixed amphetamine salts Nature of case: Prohibition application pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations) Successful party: Apotex Inc. Date of decision: Apr......
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Pharma In Brief - Federal Court Dismisses Prohibition Application Relating To Naproxen And Esomeprazole Magnesium Tablets
...experts does not necessarily produce a more reliable outcome, citing Justice Locke's previous decision in Shire Canada Inc v Apotex Inc, 2016 FC 382 (reported here). He found that the preparation of witnesses by both parties was acceptable and no evidence should be excluded on this basis. L......
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