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Healthcare & Life Sciences

19 December 2018
Lynn Ing Divided success in Sandoz's motion to strike monetary remedies and other novel claims

Canada - Smart & Biggar/Fetherstonhaugh

A Federal Court order has issued on a motion to strike that was brought by Sandoz in four actions relating to the infringement of rituximab patents. The court declined to strike out the claims for damages and an accounting of profits on the basis that, at law, such remedies are unavailable in such an action. The court's treatment of the novel claims by Roche may be of interest to litigants under the current scheme of the Patented Medicines (Notice of Compliance) Regulations.

Author: Lynn Ing
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Brandon Heard Court allows Sanofi and Schering to plead that Federal Court ramipril patent invalidity decision was flawed

Canada - Smart & Biggar/Fetherstonhaugh

The Ontario Court of Appeal recently overturned a motion judge's decision denying Sanofi and Schering leave to amend their defences to plead the Supreme Court of Canada's decision in AstraZeneca Canada Inc v Apotex Inc. The present action is one of several novel claims by Apotex seeking damages pursuant to the Ontario Statute of Monopolies and the UK Statute of Monopolies.

Authors: Brandon Heard, Lynn Ing
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Lise Gran Supreme Court opines on limitations of GPs' freedom of conscience

Norway - Homble Olsby Advokatfirma AS

The Supreme Court recently deemed that a municipality's termination of its agreement with a general practitioner (GP) after she refused to insert an intrauterine device for a patient for reasons of conscience relating to her religion was invalid. The GP claimed that her termination was invalid because, among other things, it contravened Article 9 of the European Convention on Human Rights (freedom of thought, conscience and religion).

Authors: Lise Gran, Ole Kristian Olsby
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E Sevi Fırat Regulatory authority publishes announcement regarding medical device sales centres

Turkey - Fırat Izgi Attorney Partnership

The Medicines and Medical Devices Agency, the regulatory authority for pharmaceuticals and medical devices in Turkey, recently announced that its information management system for medical devices will be updated. Given the changes that the announcement sets out, medical device sales centres should carefully assess their obligations in this regard in order to avoid any potential penalties.

Authors: E Sevi Fırat, Ata Umur Kalender
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Jaime L M Jones Court provides insight into when funds may be held responsible for portfolio company conduct

USA - Sidley Austin LLP

The government has intervened in a qui tam suit against a compounding pharmacy and its private equity fund owner in which it is alleged that the pharmacy filed claims with Tricare that were rendered false by kickbacks. The opinion provides further guidance as to the circumstances under which a private equity fund investor may incur False Claims Act liability as a result of its active involvement in a portfolio healthcare company that submits allegedly false claims.

Author: Jaime L M Jones
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Mexico - Sanchez-DeVanny Eseverri SC

Author: José Alberto Campos Vargas
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South Africa - Edward Nathan Sonnenbergs Inc

Authors: Altair Richards, Pieter Erasmus
Rainer Herzig Misleading comparative advertising of drugs

Austria - Preslmayr Attorneys at Law

Author: Rainer Herzig
Kimberly A Dunne District court invalidates relators' pre-filing releases on public policy grounds

USA - Sidley Austin LLP

Authors: Kimberly A Dunne, James M Perez, Ryan Stasell
Urszula Wojtyra Amgen not precluded from asserting patent under current PMNOC Regulations

Canada - Smart & Biggar/Fetherstonhaugh

Author: Urszula Wojtyra

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