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2008   |   2007  

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Canadian Federal Court Set To Fast-Track Patent Cases

SOURCE

Managing Intellectual Property

AUTHOR

Eileen McDermott

DATE

September 15, 2008

Dan Artola and Judith Robinson of the Intellectual Property Group discuss Ogilvy Renault's recent patent victory for Servier Canada.

On July 18, 2008, the Federal Court of Canada granted Servier Canada Inc.'s claim for patent infringement against Apotex Inc.  In the process, the Court rejected Apotex's counterclaim that Servier's patent was invalid, and further rejected Apotex's counterclaim under the Competition Act.

Click here to read the article.

Excerpt

In addition to being the first patent case in which competition claims were asserted before a Canadian court, Ogilvy Renault attorneys Dan Artola and Judith Robinson, who acted for Servier, said that the relatively short period of time in which the case was decided could have major implications for patent cases going forward.

''The trial was less than two years,'' said Artola. ''That's very, very fast, especially for a case of this complexity.''

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