Tag Archives: Patents

Foreign Enforcement of IP and Ontario

Earlier this month, the Ontario Superior Court issued a couple of judgments relating to foreign IP proceedings with Ontario parties. In Blizzard v. Simpson, 2012 ONSC 4312, foreign copyright damages and an injunction were enforced. In Agemian v. Pactiv LLC, 2012 ONSC 4571, an “anti-suit” injunction was rejected, allowing an Illinois action relating to a North American patent settlement to proceed.

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Brimonidine – Issues of Comity

Justice Hughes issued a decision in Allergen v. Apotex 2012 FC 767 (Brimonidine) earlier this week. He determined that Apotex’s allegation of obviousness was justified but granted the prohibition order on the basis that an earlier decision of Justice Crampton on the same patents, but different parties (2011 FC 1316) was contrary and therefore an issue of comity should be considered by the Federal Court of Appeal. The decision and a summary is available from Beeser Ramamoorthy.

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Ramipril Section 8

Decisions were released publicly yesterday in two PM(NOC) Section 8 proceedings. After a joint hearing with Justice Hughes, Justice Snider upheld the validity of Section 8 of the Regulations (in 2012 FC 551). She awarded the recovery of losses to Teva (in 2012 FC 552) and Apotex (in 2012 FC 553) on the assumption that an authorized generic and another generic would have enter the market.

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