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Court of Appeal upholds decision to deny amendments to statement of defence in Section 8 proceeding Sanofi-Aventis Canada Inc. v. Teva Canada Limited, 2014 FCA 65

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 24 2014

This appeal was heard in the context of an action commenced by Teva Canada Limited (“Teva”) seeking compensation from Sanofi-Aventis Canada Inc. and

Court of Appeal upholds decision awarding Section 8 compensation where sales related to “unauthorized indications” Sanofi-Aventis Canada Inc. v. Teva Canada limited, 2014 FCA 69

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 24 2014

Drug: ramipril This was an appeal by Sanofi-Aventis Canada Inc. and Sanofi-Aventis Deutschland GmbH (collectively "Sanofi") from a judgment of the

PMPRB requires generic company to report

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 11 2011

The main issue in this proceeding involved the definition of “patentee” as it pertains to the requirement to report to the Patented Medicines Prices Review Board (PMPRB). ratiopharm does not hold any patents

Amendments alleging contributory infringement not allowed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 4 2012

Nycomed appealed the decision of the Prothonotary, refusing to allow amendments to its Counterclaim that Apotex and Novopharm are liable for contributory infringement, and that they knew or ought to have known that their generic version would be used in an infringing manner

Motion to strike pleading mostly denied, but granted in part

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 27 2013

The Defendants brought a motion striking portions of the Statement of Claim under three different headings. Furthermore, particulars were sought. The

ss. 53(2) of the Patent Act is a shield, not a sword

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 21 2013

Hoffmann-La Roche was denied the opportunity to correct a single word error in a patent’s disclosure pursuant to ss.53(2) of the Patent Act. The

Motion to add new parties to damages phase of action dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 4 2012

The underlying action for patent infringement resulted in a judgement that the patent was valid and infringed

Entitlement to Section 8 damages determined

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 28 2012

The trial was divided into two parts, with AstraZeneca’s challenges relating to the validity of section 8 being argued before the Trial Judge and a second judge seized with many of the same validity challenges in two unrelated matters

Appeal of refusal to add parties at remedy stage dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 25 2012

The Court dismissed a motion for the joinder of parties at the remedy phase of an infringement action in which liability had been determined

Two electrical swtichgear patents are found to be obvious

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • September 30 2013

Both of ABB Technology’s patents have been found invalid in an action for infringement. These patents relate to gas insulated switchgear assemblies