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Results: 1-10 of 546

Statements in a generic’s Product Monograph were not found to amount to an inducement to infringe

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

The Court has allowed a motion to strike portions of an application pursuant to Paragraph 6(5)(b) of the PM(NOC) Regulations. The generic respondent

Patent found valid and infringed even if the method of infringement was not in the minds of the inventors

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

AstraZeneca sued Apotex for infringement of its patent relating to the formulation of the drug omeprazole. Apotex argued invalidity and

Application for an order of prohibition is dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

The Court found that Teva’s allegation of obviousness was justified. As a result, the application was dismissed

Although moot, Minister of Health is found to be wrong to issue NOCs to generic companies without first requiring them to serve a notice of allegation

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

Actelion has persuaded the Court to quash the NOCs provided to two generic companies after they were awarded by the Minster of Health. However, the

Consent to the use of copyrighted material not required to be in writing

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 6 2015

The plaintiff sought partial summary judgment for an alleged breach of the Copyright Act. It related to the alleged use of copyrighted materials

Questions ordered to be answered on appeal, and no decision on bifurcation until after plaintiff makes election of damages or profits

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 6 2015

This is a trademark case regarding the Plaintiff’s YELLOW TAIL & KANGAROO DESIGN. Constellation Brands brought two interlocutory motions before the

Infringement of work found where newspaper published article using artwork without consent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 6 2015

The plaintiff sued in Quebec Small Claims Court for breach of copyright against a newspaper owner who published an article about the plaintiff

Breach before the Registrar of Trademarks can be cured by a proceeding in Court

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 1 2015

The Court of Appeal noted that the first issue to be considered was whether a breach of natural justice that may have occurred before the Registrar

Motion for particulars in action under section 8 denied as not necessary

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 1 2015

Pfizer brought a motion in an action brought pursuant to section 8 of the Patented Medicines(Notice of Compliance) Regulations seeking to strike

Motion for reply evidence granted in part

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 1 2015

This is an appeal from the decision of a Prothonotary, denying leave to file reply evidence in a proceeding pursuant to the Patented Medicines