Ms Shirley Liang Komosa

Shirley Liang Komosa

Updates

Healthcare & Life Sciences

Teva awarded Section 8 damages regarding pregabalin and olanzapine
Canada | 24 May 2017

The Federal Court recently released two decisions on the merits under Section 8 of the Patented Medicines (Notice of Compliance) Regulations regarding pregabalin (Pfizer's Lyrica) and olanzapine (Eli Lilly's Zyprexa). In both decisions, the court made factual findings that provided direction for a final calculation of damages. Notably, an adjustment for 'pipefill' was permitted in one case, but not in the other.

Tribunal dismisses Eli Lilly's NAFTA challenge on promise utility doctrine
Canada | 26 April 2017

In 2016 Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages from the government of Canada, asserting that the Canadian courts' application of the promise doctrine to Eli Lilly's Strattera (atomoxetine) and Zyprexa (olanzapine) patents contravened Canada's obligations under NAFTA. The tribunal recently issued its final award dismissing Eli Lilly's claims.

Federal Court of Appeal opines on framework for analysing obviousness-type double patenting
Canada | 14 December 2016

The Federal Court of Appeal recently dismissed Apotex's appeal and upheld the Federal Court's order of prohibition for tadalafil (Eli Lilly's Cialis) regarding Patent 2,226,784. The Federal Court of Appeal found that applying the legal test for sufficiency of disclosure to the facts of the case was a question of mixed law and fact reviewable on a palpable and overriding error standard. The court held that it was not in a position to second guess the Federal Court's decision.

Intellectual Property

Teva awarded Section 8 damages regarding pregabalin and olanzapine
Canada | 22 May 2017

The Federal Court recently released two decisions on the merits under Section 8 of the Patented Medicines (Notice of Compliance) Regulations regarding pregabalin (Pfizer's Lyrica) and olanzapine (Eli Lilly's Zyprexa). In both decisions, the court made factual findings that provided direction for a final calculation of damages. Notably, an adjustment for 'pipefill' was permitted in one case, but not in the other.

Tribunal dismisses Eli Lilly's NAFTA challenge on promise utility doctrine
Canada | 24 April 2017

In 2016 Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages from the government of Canada, asserting that the Canadian courts' application of the promise doctrine to Eli Lilly's Strattera (atomoxetine) and Zyprexa (olanzapine) patents contravened Canada's obligations under NAFTA. The tribunal recently issued its final award dismissing Eli Lilly's claims.

Federal Court of Appeal opines on framework for analysing obviousness-type double patenting
Canada | 19 December 2016

The Federal Court of Appeal recently dismissed Apotex's appeal and upheld the Federal Court's order of prohibition for tadalafil (Eli Lilly's Cialis) regarding Patent 2,226,784. The Federal Court of Appeal found that applying the legal test for sufficiency of disclosure to the facts of the case was a question of mixed law and fact reviewable on a palpable and overriding error standard. The court held that it was not in a position to second guess the Federal Court's decision.

New guidance on role of Canada Border Services Agency in combating counterfeiting and piracy
Canada | 18 January 2016

In January 2015 provisions came into effect empowering Canadian customs authorities to detain suspected counterfeit or pirated products and exchange information regarding the products with rights holders pursuant to an approved request for assistance (RFA) application. A much-awaited official memorandum on the new border provisions was recently released, clarifying the RFA system and related detention process.

Canada concludes TPP negotiations – IP aspects
Canada | 07 December 2015

The text of the Trans-Pacific Partnership (TPP) Agreement – which sets common standards on a variety of issues relating to trade, including intellectual property – was recently released. While much of Canada's legislation is already compliant, a number of specific changes will be required. The reform process will likely not begin until the TPP is ratified; thus it may be some years before these changes are implemented.