Markwell Clarizio LLP

Sandoz v. Janssen 2023 FCA 221: Threshold for Sound Prediction

The Federal Court of Appeal (Locke JA writing for the Court) recently confirmed the threshold for establishing a sound prediction of utility. Sandoz v Janssen 2023 FCA 221 Canadian patent law requires that, to prevent the filing of patent applications based on speculation, utility must be either demonstrated or the requirements for a sound prediction […]

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Inducing Infringement with a Skinny Label: FCA Weighs-In

The Federal Court of Appeal (Locke JA writing for the Court) held that Apotex will induce infringement of patent claims to a combination of two active ingredients to treat a condition even though Apotex is seeking approval to market only one of the active ingredients as a monotherapy for the same condition. https://lnkd.in/gkb9faVi Janssen is the

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Angelcare v Munchkin: Entitlement to Infringement Remedies

Co-written with Dino Clarizio The Federal Court of Canada (per Roy J.) decided four issues of entitlement to remedies in an action where he had previously held that the defendants’ products sold in Canada infringed valid claims. The issues were 1) entitlement to injunctive relief; 2) entitlement to an accounting of profits; 3) entitlement to

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Markwell LLP is a Contributor to the Chambers LIFE SCIENCES 2023 Global Practice Guide

On April 6, 2023, Chambers and Partners published its 2023 Life Sciences Global Practice Guide. Markwell LLP is very pleased to have been invited to be the exclusive author of the Canadian sections of this comprehensive practice guide which is considered the “definitive global law guide offering comparative analysis from top ranked lawyers”. In the

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