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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Two Pending Federal Court Decisions that Could Have a Major Impact on Pharma & the PMPRB!

Two cases currently before the Federal Court of Canada could profoundly affect the PMPRB’s jurisdiction and the scope of its reviews. Both were argued in early November 2013 and, in the normal course, decisions would be expected very shortly. The cases are Sandoz Canada v. Attorney General of Canada, and Ratiopharm (Now Teva) v. Attorney …

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