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Results: 1-10 of 359

Hypothetical world when multiple s. 8 damages cases held not to reflect size of actual generic market

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

In May, 2012, the Federal Court quantified damages owed to Apotex pursuant to s. 8 of the NOC Regulations (decision here, summary here). Similarly

Appeals dismissed from quantification of s. 8 damages

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

As discussed above, in May 2012, the Federal Court quantified damages owed to Apotex and Teva pursuant to s. 8 of the NOC Regulations. (Teva decision

Appeal of the re-examination board’s decision dismissed: three claims rejected

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

This was an appeal of a decision of a Re-Examination Board cancelling three claims of Newco Tank Corp.’s (“Newco”) Canadian Patent No. 2,421,384 (the

Appeal upholds dismissal of request to amend pleadings due to proximity to trial

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

This case concerns an appeal of a motion to amend pleadings in the s. 8 case described above. The motion had originally been brought three months

Class action settlement agreement found to be ‘unfair’, ‘unreasonable’ and ‘not in the best interests of the class members’ Waldman v. Thomson Reuters Canada Limited, 2014 ONSC 1288

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

In this certified class action, the Plaintiff, Lorne Waldman ("Waldman") brought a motion for approval of a settlement of a copyright infringement

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

Court of Appeal upholds decision relating to sildenafil use patent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 27 2014

Pfizer Ireland Pharmaceuticals v. Apotex Inc., 2014 FCA 13 Drug: VIAGRA sildenafil In Apotex' action for impeachment of the Pfizer patent

Antibody patent found valid and infringed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 27 2014

The Court recently decided a patent infringement case dealing with antibodies. The claims at issue in AbbVie’s patent relate to the use of a human

No confusion for same trade-marks

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 23 2014

This was an appeal by Bridgestone Corp. of a decision by a member of the Trade-marks Opposition Board. Campagnolo filed an application for the