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Results: 11-20 of 269

Decision of Re-Examination Board affirmed on standard of reasonableness

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 11 2015

The Re-examination Board found the Claims of a patent obvious in light of prior art submitted by the person requesting re-examination. In so holding

Formulation patent allegations of non-infringement, obviousness and lack of utility justified

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at

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

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

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

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