When a generic drug claims damages against a brand name drug, what limits should be put on calculating compensation? Section 8 of the Patented Medicines (Notice of Compliance) Regulations was designed to answer just that question, but it left some questions unanswered. A pair of twin judgments by Justice Snider, Teva Canada Ltd. v. Sanofi-Aventis Canada Inc., and Apotex Inc. v. Sanofi-Aventis Canada Inc. released at the end of May 2012, provided insight into some of the issues.
Damages under Section 8
Under section 8 of the Regulations, if a brand name’s patent claim falls through, the brand … Continue Reading
This is part of a series of posts reviewing common Canadian Patent Office objections to patent applications and claimed inventions and providing some insight into how these objections may be addressed.
In a typical objection, the patent examiner asserts that the claimed medical treatment with dosing elements is unpatentable subject matter falling outside the definition of “invention” in section 2 of the Patent Act. The examiner may state that:
- the “inventive concept” identified from the disclosure is a patent-ineligible dosing regimen;
- the applicant relies on a patent-ineligible dosing regimen to distinguish the claimed treatment from the prior
… Continue Reading