Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FC 37
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2021 FC 37 |
| Date | 11 January 2021 |
-
- 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
10 practice notes
-
Janssen Inc. v. Apotex Inc., 2023 FC 912
...foreclosing Patent Act infringement actions through section 6.01 (see also Sunovion Pharmaceuticals Canada Inc v Taro Pharmaceuticals Inc, 2021 FC 37 at paras 11-25). [76] Once Apotex amended its Form V, it was required to serve another NOA, giving Janssen 45 days to initiate a subsection 6......
-
Federal Court Of Appeal Upholds Decision Allowing Taro To Plead Validity Attacks Beyond Notice Of Allegation
...(FCA), following grant of leave to hear Sunovion's appeal, dismissed Sunovion's appeal from a Federal Court (FC) decision of Furlanetto J. (2021 FC 37) granting Taro leave to amend its Statement of Defence in an action under the Patented Medicines (Notice of Compliance) Regulations (PMNOC R......
-
Apotex Inc. v. Janssen Inc., 2022 FC 1477
...common sense and the interest that the courts have that justice be done (Sunovion Pharmaceuticals Canada Inc v Taro Pharmaceuticals Inc, 2021 FC 37 at para 34, citing Janssen Inc v Abbvie Corporation, 2014 FCA 242 at para 3). [20] Ultimately, the determination of whether an amendment should......
-
Federal Court Invalidates Janssen ZYTIGA' Patent
...Read in conjunction with another recent decision of the Federal Court, Sunovion Pharmaceuticals Canada Inc. v Taro Pharmaceuticals Inc (2021 FC 37, read our article on the decision here), it seems that while a defendant in a PM(NOC) action may raise issues that extend beyond what is include......
Request a trial to view additional results
4 cases
-
Janssen Inc. v. Apotex Inc., 2023 FCA 253
...in the underlying NOA: Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FCA 113, 183 C.P.R. (4th) 167, aff’g 2021 FC 37, 328 A.C.W.S. (3d) [47] In light of the foregoing jurisprudence, the Federal Court should have considered whether a defendant in a normal pat......
-
Janssen Inc. v. Apotex Inc., 2023 FC 912
...foreclosing Patent Act infringement actions through section 6.01 (see also Sunovion Pharmaceuticals Canada Inc v Taro Pharmaceuticals Inc, 2021 FC 37 at paras 11-25). [76] Once Apotex amended its Form V, it was required to serve another NOA, giving Janssen 45 days to initiate a subsection 6......
-
Apotex Inc. v. Janssen Inc., 2022 FC 1477
...common sense and the interest that the courts have that justice be done (Sunovion Pharmaceuticals Canada Inc v Taro Pharmaceuticals Inc, 2021 FC 37 at para 34, citing Janssen Inc v Abbvie Corporation, 2014 FCA 242 at para 3). [20] Ultimately, the determination of whether an amendment should......
-
Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc.,
...and TARO PHARMACEUTICALS INC. Respondent REASONS FOR JUDGMENT LOCKE J.A. [1] The appellants appeal from a decision of the Federal Court (2021 FC 37, per Furlanetto J., the Decision), in the context of an action (the Action) under the Patented Medicines (Notice of Compliance) Regulations, S.......
7 firm's commentaries
-
Federal Court Of Appeal Upholds Decision Allowing Taro To Plead Validity Attacks Beyond Notice Of Allegation
...(FCA), following grant of leave to hear Sunovion's appeal, dismissed Sunovion's appeal from a Federal Court (FC) decision of Furlanetto J. (2021 FC 37) granting Taro leave to amend its Statement of Defence in an action under the Patented Medicines (Notice of Compliance) Regulations (PMNOC R......
-
Federal Court Invalidates Janssen ZYTIGA' Patent
...Read in conjunction with another recent decision of the Federal Court, Sunovion Pharmaceuticals Canada Inc. v Taro Pharmaceuticals Inc (2021 FC 37, read our article on the decision here), it seems that while a defendant in a PM(NOC) action may raise issues that extend beyond what is include......
-
PM(NOC) Invalidity Grounds May Extend Beyond NOA
...Court, in its recent decision Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc. (2021 FC 37), allowed amendments to a Statement of Defence in a PM(NOC) action that went beyond the grounds of invalidity set out in the Defendant's Notice of On September 17, 2017, the PM(NOC) R......
-
PM(NOC) Regulations Do Not Preclude Defendants From Amending The Statement Of Defence
...the interests of justice favoured allowing the amendments. The case is Sunovion Pharmaceuticals Canada Inc. v Taro Pharmaceuticals Inc., 2021 FC 37 About Norton Rose Fulbright Canada Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial ins......
Request a trial to view additional results
2 books & journal articles
-
Table of Cases
...Ltd v Canada (Health), 2008 FC 1305 ............................... 126 Sunovion Pharmaceuticals Canada Inc v Taro Pharmaceuticals Inc, 2021 FC 37, af’d 2021 FCA 113 ................................................................ 231 Takeda Canada Inc v Canada (Health), 2011 FC 1444, af’d ......
-
The Patented Medicines (Notice of Compliance) Regulations
...the patent did not, within the 45-day period referred to in subsection 6(1), have a reasonable basis for bringing an action under that 117 2021 FC 37 at para 12, af’d 2021 FCA 113. 118 PM(NOC) Regulations, above note 2, s 7(1)(d). Section 6.09 also obligates parties to “act diligently in ca......