Expertise

Client Work

Valeant Canada is Granted Commercialization Rights in Canada to Xyrem® by Jazz Pharmaceuticals

Successfully represented Valeant Canada in acquiring Canadian commercialization rights for Xyrem® (sodium oxybate) in oral solution from Jazz Pharmaceuticals. Xyrem® is used in the treatment of narcolepsy.  More

Merck Successfully Defends Patent for Lisinopril

Represented Merck in a successful patent case in which the Federal Court of Appeal maintained a trial judgment that found Merck's patent for the medicine Lisinopril to be valid and infringed by Apotex Inc.  More

Æterna Zentaris Inc. Sells Rights Related to Miltefosine to Paladin Labs

Represented Æterna Zentaris in its $9.125 M definitive purchase and sale agreement with Paladin Labs.  More

Tranzyme Pharma Completes Second Tranche of Financing

Tranzyme, Inc. and Tranzyme Pharma Inc. received US$10 million on the closing of this second tranche.  More

Three Biopharmaceutical Companies Complete Rounds of Private Equity Financing

Ogilvy Renault represented Tranzyme Pharma, Enobia Pharma, and Topigen Pharmaceuticals.  More

Atrium Sells Active Ingredients and Specialty Chemicals Division to AXA Private Equity

Represented Atrium Innovations in the sale of its Active Ingredients and Specialty Chemicals division to AXA Private Equity for total proceeds of US$166,400,000.  More

Kendle International Inc. Acquires DecisionLine Clinical Research Corporation

Represented Kendle in its acquisition of DecisionLine through a wholly owned Canadian subsidiary.  More

Inmar, Inc. Acquires USF Processors

Acted as Canadian counsel  More

Acted as Counsel to Tranzyme Pharma, Leading Biopharmaceutical Company

In connection with its US$32 million financing  More

Æterna Zentaris Offers Subordinate Voting Shares of Atrium Biotechnologies Inc.

Acted for the Quebec City-based biopharmaceutical company in its $55 million secondary offering  More

UCB SA Take-Over Bid to Acquire German-based Schwarz Pharma Aktiengesellschaft

Acted as Canadian counsel to the Belgium-based biopharmaceutical company  More

Events

IP Strategies for Medical Devices

Christopher Hunter and Christine Wong lead this seminar on intellectual property and medical devices as part of the MaRS Best Practices series.  More

Biomedex 2008

Jacques Lemieux moderates the Ogilvy Renault-sponsored Success Stories workshop, featuring panelists from Biolactis, Biosyntech Canada inc., and Variation Biotechnologies Inc.  More

Publications

Passage of Genetic Information Nondiscrimination Act (GINA) in the U.S. Opens the Door for Personalized Medicine

On May 21, President Bush signed the Genetic Information Nondiscrimination Act (GINA). GINA prohibits discrimination by insurance companies or employers on the basis of "genetic information" about an individual or his or her family members.  More

Country Q&A - Canada 2007/2008

This document provides answers to some of the top questions regarding regulation, manufacturing, marketing and other topics in the field of life sciences.  More

Ontario Superior Court Certifies Class Action Against Health Canada

On September 5, 2007, the Ontario Superior Court of Justice released its decision in Taylor v. Canada (Health),[1] certifying a class action that alleges that Health Canada was negligent in that it failed to exercise its powers and responsibilities...  More

Federal Court of Appeal Ups the Ante for Patentees Litigating under the PM(NOC) Regulations

In Sanofi-Aventis Canada Inc. v. Novopharm Limited 2007 FCA 163 the Federal Court of Appeal has decided that a patentee who unsuccessfully challenges an allegation made by a generic drug manufacturer under the PM(NOC) Regulations cannot re-litigate ...  More

"A More Sinister Complexion": The Critical Need for Thorough and Robust Privacy Compliance Procedures and Plans

Personal information stored on stolen devices can be used for purposes such as fraud and identity theft - problems that have reached epidemic proportions throughout North America.  More

The Doctrine of Inequitable Conduct May Have Arrived in Canada

In a startling decision released on January 24, 2007, a judge of the Federal Court has deemed a patent to be abandoned based on the patentee's failure to disclose in good faith all appropriate facts in its patent application, and respond in good faith ...  More

Canada Seeks Uniformity with New Organic Products Regulations

From Update Magazine January/February 2007, Issue 1. Reprinted with permission from FDLI.  More

Drug Name Confusion: Health Canada's "Look-alike, Sound-alike" Drug Name Review Policy

It has now been one year since Health Canada released a new policy to review drug and other health product names as part of its pre-market regulatory approval process.  More

Country Q&A - Canada 2006/2007

This document provides answers to some of the top questions regarding regulation, manufacturing, marketing, and other topics in the field of life sciences.  More

General Information - Trade marks

Overview; registering a trade-mark; common law trade-marks; licenses; trade-mark use; maintaining valid trade-marks.  More

Governing Green: Canada Introduces Organic Products Regulations

The organic products industry in Canada has been growing at a rate of 15-20% annually for the past 10 years and is now the fastest growth sector in agriculture.  More

Update - Regulating Drug Prices in Ontario - A Hasty Attempt to Resolve Intricate Issues

This bulletin updates our commentary of April 2006 in which we described proposed changes to the Drug Interchangeability and Dispensing Fee Act (DIDFA) and the Ontario Drug Benefit Act (ODBA).  More

Does It Matter Whether the Best Is REALLY the Best? Advertising Claims in Canada

From Update Magazine July/August, Issue 4. Reprinted with permission from FDLI.  More

Federal Government proposes important changes to the PM(NOC) Regulations and to the data protection provisions of the Food and Drug Regulations

The Government of Canada will publish in the Saturday, June 17, 2006 Canada Gazette the attached draft regulations amending the Patented Medicines (Notice of Compliance) Regulations and the Food and Drug Regulations.  More

A Short-Sighted Approach to Reducing Drug Costs in Ontario

On April 13, 2006, the Ontario Ministry of Health and Long-Term Care proposed sweeping amendments to the Drug Interchangeability and Dispensing Fee Act (DIDFA) and the Ontario Drug Benefit Act (ODBA).  More

Substance Over Form: Federal Court of Appeal Overturns Disclosure Exemption

Last year the Federal Court (trial division) restricted disclosure under the Access to Information Act of confidential information submitted by a pharmaceutical company in connection with a New Drug Submission.  More

Canada's New Law Permitting Compulsory Licences for Export of Pharmaceuticals Comes into Force

In July 2004, we distributed an information bulletin entitled "Canada Amends Patent Law to Allow Compulsory Licences for Export of Pharmaceuticals."  More

In the Kitchens of the Nation

On November 23, 2004, the Canadian Government passed a motion to promote the development of replacements to processed trans fats.  More

Canadian Diet Drug Litigation Settled

The Supreme Court of Ontario has recently approved the settlement of the Canadian diet drug class action (Wilson et al. v. Servier et al.).  More

Country Q & A - Canada

This document provides answers to some of the top questions regarding regulation, manufacturing, marketing, and other topics in the field of life sciences.  More

Federal Court Strengthens the Confidentiality of Information Held by Health Canada

In its recent decision Merck Frosst Canada & Co. v. Canada (Minister of Health), 2004 FC 959, the Federal Court restricted the disclosure of confidential information submitted by pharmaceutical companies to Health Canada as part of New Drug Submissions.  More

Proposed Regulations Governing Compulsory Licences for Export of Drugs and Devices

Canada has become the first country in the world to implement the August 30, 2003 decision of the General Council of the World Trade Organization (WTO), allowing compulsory licences for the export of pharmaceutical products (drugs and devices).  More

Canada Amends Patent Law to Allow Compulsory Licences for Export of Pharmaceuticals

Canada was the first country in the world to implement the August 30, 2003 decision of the General Council of the World Trade Organization (WTO), allowing compulsory licences for the export of pharmaceuticals to address public health problems.  More

"But I Didn't Know": Monsanto v. Schmeiser and Knowledge of Patent Infringement

The recent ruling of the Supreme Court of Canada in Monsanto v. Schmeiser (2004 SCC 34), a patent infringement case, received much attention in the general media.  More

Commentary on the New Nutrition Regulations

Food labelling has been under scrutiny and debate both in Canada and in the United States. Labelling guidelines in Canada, never harmonized with those of the United States, now appear somewhat more consistent with them.  More

Commentary on New Natural Health Products Regulations

Marking an end to well over five years of discussion, debate, consultation and legislative drafting, on June 18, 2003, the Canadian government published new Natural Health Product Regulations[1] (the "NHP Regulations")  More

Supreme Court Revisits Doctrine of Sound Prediction in Patent Law

The Supreme Court of Canada has just ruled that when applying for a patent, inventors must either have demonstrated, or be able to soundly predict, that their invention will have the promised utility.  More

The Mouse That Won't Roar - For Now

With the December 5, 2002 release of a 5 4 majority decision in Harvard College v. Canada (Commissioner of Patents)1, a sharply divided Supreme Court of Canada brought to an end that case's 17 year odyssey through the Canadian patent examination and.....  More

Natural Health Products Regulations: A Vague New Vision

Natural health products - neither food nor drug but something new entirely? Bringing an end to years of speculation and debate, Health Canada has finally published proposed Natural Health Products Regulations.  More

Does Your Food, Drug, Medical Device or Cosmetic Pose a Risk to the Environment?

Effective September 13, 2001, products regulated under the Canadian Food and Drugs Act are subject to the New Substances Notification Regulations under the Canadian Environmental Protection Act, 1999.  More

Media Highlights

Super Results for Ogilvy Renault's Life Sciences Team

Ogilvy Renault was recently recognized by UK-based Practical Law Company (PLC) as the only Canadian firm in the 2008 Life Sciences Regulatory Super League. It is the second consecutive year the firm ranks in the two-year-old category.  More

Life Sciences Expert Penny Bonner Addresses Bioethics in National Magazine

Senior partner and life sciences lawyer Penny Bonner spoke with National, a publication from the Canadian Bar Association, on the future of her field in the legal landscape.  More

Ogilvy Renault's M&A, Corporate Finance and Technology Practices strengthened by addition of Jay Lefton

Ogilvy Renault LLP is pleased to announce that Jay A. Lefton will be joining the firm as a partner in its Business Law Group in Toronto, July 1, 2007.  More

Ogilvy Renault Remains The Only Canadian Law Firm In The Life Sciences Regulatory Super League

Ogilvy Renault LLP is proud to remain the only Canadian law firm in the Life Sciences Regulatory Super League, according to Practical Law Company's Cross-border Super League results.  More

Ogilvy Renault Stands out as Leading Intellectual Property Practice

Ogilvy Renault, one of Canada's most prominent law firms, has been chosen as Leading intellectual property practice and as Leading life sciences practice in the 2001/2 edition of Global Counsel 3000 , a reputable British publication that is ...  More