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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

Patent not eligible for listing: patent claiming one medicinal ingredient,but directed to a fixed-dose combination of medicines

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 15 2014

This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed

Court determines beneficial ownership of several patents as part of action for wrongful conduct

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 15 2014

This was an action by the Plaintiff for relief arising from the allegedly wrongful conduct of the Defendant Li. The Plaintiff claimed that Li

Federal Court overturns Prothonotary’s order striking paragraphs from Defence

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 7 2014

This was a motion appealing the order of a prothonotary in the context of a patent infringement case. In the order appealed from, the Prothonotary

Causes of action found against Pfizer for a BC class-action certification based on the VIAGRA patent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 14 2014

Pfizer had a Canadian patent for VIAGRA that was found to not comply with the disclosure requirement by the Supreme Court in an earlier PM(NOC

Order of prohibition overturned on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by

Clinical studies exempted from public use in allegation of anticipation

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

His is an application pursuant to the Patented Medicines (Notice of Compliance) Regulations. The Court began by noting that it had issued an Order of