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In the now infamous Skylar Ann Mack case, the Cayman Islands
Court of Appeal has acceded to Ben Tonner QC s oral and written
submission that the Grand Court sentence should be set aside. Mack,
18, a US citizen and medical student at the University of Georgia,
travelled to the Cayman Islands from Miami on 27 November 2020 and
breached the mandated 14 day quarantine 2 days later. The Grand
Court sentenced Mack to 4 months imprisonment. The case attracted
unprecedented attention in the US media. On 22 December 2020, the
Court of Appeal accepted Mr Tonner s submission that the Grand
VISTITAN (
Allergan Inc v Alberta (Justice and
Solicitor General), 2021 ABCA 32.
Alberta Health concluded that VISTITAN was interchangeable with
LUMIGAN RC on the basis that LUMIGAN RC had previously been listed
as interchangeable with another Allergan bimatoprost product with
the same concentration as
VISTITAN:
LUMIGAN (
0.03%
bimatoprost).
On judicial review (reported
here), the reviewing Court agreed that Alberta Health s
decision was unreasonable, but the judicial review was nonetheless
dismissed as not pertaining to the most final or recent decision on
interchangeability. The Court concluded that Allergan ought to have
sought judicial review of Alberta Health s later decision on
Allergan s resubmission for LUMIGAN RC, which the Court
As reported previously
here, the Federal Court had found that Kennedy s patent
for
infliximab (Janssen s
REMICADE) was valid and infringed by Hospira s
biosimilar
INFLECTRA ( Trial
Decision ). As reported
here, the Federal Court of Appeal remitted issues of
anticipation and obviousness for reconsideration to the trial
judge.
On January 12, 2021, the Federal Court issued its decision on
the reconsideration, finding again that Canadian Patent No.
2,261,630 (630 patent) is valid:
2021 FC 42.
In broad terms, the 630 patent claims use of the combination of
infliximab with methotrexate (MTX) for the treatment of rheumatoid
arthritis (RA) in patients whose disease was not controlled by
previous MTX treatment alone.
Reed Smith (Charles Weller and Nick Wright) recently acted for
the successful claimants ( WFS ) in two Columbus and Vasco da
Gama . The claims derived from WFS providing multiple
bunker stems to the cruise ships, for which WFS remained
unpaid.
The decision of the Admiralty court provides useful guidance on
recovery under secondary contractual obligations in a claim for the
supply of
necessaries to a ship.
The two vessels were arrested at Tilbury and ultimately sold by
judicial auction.
When WFS applied for judgment against the proceeds of sale from
the two vessels, the vessels former owners, Carnival Plc, and
the arresting creditor, P&O Princess Cruises International Ltd,
Westend Heights at
New Town, Begu, Bengaluru (
Residential Project).
The entire area of New Town comprised 80 acres of which the
Residential Project was being developed in an area admeasuring 27.5
acres. The Residential Project comprised four blocks, totalling
1980 units, spread across 19 towers. The brochure of the first
respondent
3 not only advertised the nature of
the Residential Project but also made certain representations
regarding the amenities to be provided by the developers. Relying
inter alia on these representations, flat purchasers
entered into Apartment Buyers Agreement (
ABA) with
the developers. Clause 11(a) of the ABA stipulated that the
developers would endeavour to complete construction within a period