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A drag on innovation?

Thursday, September 03, 2015 @ 8:00 PM | By Dale Schlosser and Michal Kasprowicz

Recently, in Bayer Inc. v. Cobalt Pharmaceuticals Co. [2015] F.C.J. No. 555, the Federal Court of Appeal heard an appeal relating to Cobalt’s attempt to gain market entry with its generic version of drospirenone, a birth control tablet distributed in Canada by Bayer under the brand name YAZ. The decision involved a common dispute between the owner of a patent for a pharmaceutical product (often described as an “innovator”) and a generic pharmaceutical company. In the decision, Justice David Stratas issued a challenge to the Supreme...