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Healthcare & Life Sciences

17 April 2019
Andrew Mandlsohn Apotex seeks leave from Supreme Court of Canada in cefaclor damages action

Canada - Smart & Biggar/Fetherstonhaugh

The Federal Court of Appeal recently allowed in part Apotex's appeal of a decision awarding Eli Lilly more than C$100 million for Apotex's infringement of eight process patents relating to the antibiotic cefaclor. The court rejected Apotex's argument that a non-infringing alternative would have been available to Apotex during the relevant period. The case was remitted to the Federal Court for reconsideration on the issue of prejudgment interest; Apotex has applied to the Supreme Court of Canada for leave to appeal.

Author: Andrew Mandlsohn
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Abigail Smith Court of Appeal dismisses appeal of judgment awarding Apotex damages

Canada - Smart & Biggar/Fetherstonhaugh

In December 2017 Apotex was awarded more than C$11 million in damages and pre-judgment interest for losses resulting from delays in the US Food and Drug Administration's approval of its amoxicillin-clavulanic acid and levodopa-carbidopa products, which had been caused by contractual breaches and negligence on the part of MDS Pharma Services (MDS). However, the Ontario Court of Appeal recently dismissed MDS's appeal and Apotex's cross-appeal of that judgment.

Author: Abigail Smith
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Jaime L M Jones DOJ files complaint in intervention in Medicare Advantage case against Sutter Health

USA - Sidley Austin LLP

The Department of Justice recently filed a complaint in intervention against Sutter Health and its affiliate Palo Alto Medical Foundation (PAMF) in a False Claims Act suit, alleging that the defendants had knowingly submitted and caused the submission of unsupported diagnosis codes for Medicare Advantage patients in order to increase reimbursements from Medicare. Among other things, Sutter and PAMF allegedly failed to provide any meaningful training to affiliated physicians.

Authors: Jaime L M Jones, Jennifer M Haney
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Recent updates

Jaime L M Jones Court dismisses DOJ's complaint against pharmacy and private equity fund but permits re-pleading

USA - Sidley Austin LLP

Author: Jaime L M Jones
José Alberto Campos Vargas Ministry of Health announces new cannabis regulations

Mexico - Sanchez DeVanny Eseverri SC

Authors: José Alberto Campos Vargas, Juan Luis Serrano-Leets
Alice Tseng Costco Pharmacies receives C$7.25 million penalty for accepting drug rebates

Canada - Smart & Biggar/Fetherstonhaugh

Authors: Alice Tseng, Eleanor Wilson
Riccardo Fruscalzo Towards the adoption of national templates for CTAs

Italy - Hogan Lovells

Authors: Riccardo Fruscalzo, Carlotta Busani
Constantinos Christofi General Healthcare System contributions

Cyprus - Elias Neocleous & Co LLC

Author: Constantinos Christofi
Rainer Herzig Social security system to undergo restructure – but will it achieve cost savings?

Austria - Preslmayr Attorneys at Law

Author: Rainer Herzig