Sandoz Federal Court Decision Also Released

A decision in the second case before the Federal Court that I had written about in my early May posting (Sandoz v Attorney General of Canada) has also been issued by the Federal Court.  http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/71655/index.do The Sandoz case was also heard by Mr. Justice O’Reilly and its reasoning and decision mirrors the Ratiopharm case below …

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Federal Court Issues Landmark Decision in Ratiopharm case: Ratiopharm Not a “Patentee” Subject to PMPRB Juridiction

This morning, the Federal Court of Canada released its decision in the much anticipated Ratiopharm (Now Teva Canada) case.  http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/71656/index.do Mr. Justice O’Reilly has affirmed Ratiopharm’s contention that, with respect to its ratio-salbutamol HFA product, Ratiopharm was not a patentee within the meaning of the provisions of the Patent Act and related regulations. In reaching …

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