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"something more" than a mere assertion of patent rights is required to amount to conspiracy under the Act. In its decision in Apotex Inc. v. ADIR, the Federal Court of Appeal upheld the Federal Court's ruling that the mere assertion of patent rights does not amount to a conspiracy under the Act.
by: Donald B. Houston, Anita Nador, and Emily Rix
The Federal Court of Appeal recently confirmed that patent settlement agreements may be subject to the provisions of the Competition Act; however, "something more" than a mere assertion of patent rights is required to amount to conspiracy unde
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