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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

Tesla’s patent pledge: is it enough?

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

Free use of patented technology? Caveat emptor. In a June 12, 2014 blog post titled, "All Our Patent Are Belong To You", Elon Musk, co-founder and

Industry news

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

Health Canada has opened a Consultation regarding Plain Language Labelling. It is open until September 2, 2014. Health Canada has opened a