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Richard Naiberg at the Canadian Institute’s 7th Annual Forum on Pharma Patents


Lawyer Richard Naiberg
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

Download PDF