Richard Naiberg at the Canadian Institute’s 7th Annual Forum on Pharma Patents
|Area||Health Care Law|
Friday, October 31, 2008
2:30 p.m.: Notices of Allegation and Section 8 Damages
Speaker: Richard Naiberg, Goodmans LLP
This session will focus on:
- Best practices for offence and defense of pharma patents
- What factors should you consider when you are deciding whether to file?
- What can we glean from emerging case law?
Notices of Allegation (NOA)
- Effective pre-NOA preparation
- What constitutes a “sufficient” NOA?
- What is considered an invalid allegation?
- What is the standard to be met and how do you meet it?
- What are the legal and evidentiary burdens?
- Summary dismissal motions: what should you use and when?
Section 8 Damages
- Practical strategies to minimize your risk
- When does liability under s. 8 arise?
- Availability of innovator profits
- Effect of subsequent infringement
- Generic v. innovator/brand name approaches
For more details, please visit the Canadian Institute's Website or download the below PDF
The Canadian Institute’s 7th Annual Forum on Pharma Patents
October 30-31, 2008
InterContinental Bloor Yorkville, Toronto ON