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Other industry news: February 9 2015

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 9 2015

Health Canada has updated the Guidance Document: Patented Medicines (Notice of Compliance) Regulations

Finding of non-infringement upheld on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 9 2015

The Court of Appeal dismissed an appeal of a decision of the Court in a NOC proceeding finding that an allegation of non-infringement was justified

Appeal in NOC Proceeding dismissed as moot

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 9 2015

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of

S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld

Pleadings amendment re s. 53 allowed trial judge to determine materiality of inventors names

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 4 2014

Idenix brought a motion to amend its pleadings. The Prothonotary granted leave to make certain amendments, however denied leave to make certain

Court grants order adding inventor

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 4 2014

The Applicant, Dr. Falk Pharma GMBH sought an order pursuant to s. 52 of the Patent Act to vary inventorship on a patent. The Application was

New trial ordered and injunction set aside due to a refusal to allow an amendment to the Defence and Counterclaim

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

The Federal Court of Appeal has heard three related appeals from this proceeding in the Federal Court, and in the result, has sent the matter back

Appeal decision addresses the promise doctrine

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

This decision relates to two appeals that were heard together and the reasons apply to both. The decision set out the parties’ positions and then

Leave to appeal to SCC granted for a section 8 damages case

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this

Pleadings amendment to a damages reference not allowed found to be a collateral attack on the final judgment

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

Apotex moved to file an amended Responding Statement of Issues on a reference pursuant to Rule 153. According to the Court, Apotex wants to argue