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Results: 1-10 of 345

Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a

Court enforces a settlement agreement even though one party denied such an agreement existed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a

Ramipril section 8 appeal dismissed from the bench by the Supreme Court of Canada

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 22 2015

On Monday, April 20, 2015, the Supreme Court of Canada heard the appeal of 2014 FCA 68, relating to the issue of damages under section 8 of the

Statements in a generic’s Product Monograph were not found to amount to an inducement to infringe

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

The Court has allowed a motion to strike portions of an application pursuant to Paragraph 6(5)(b) of the PM(NOC) Regulations. The generic respondent

Patent found valid and infringed even if the method of infringement was not in the minds of the inventors

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

AstraZeneca sued Apotex for infringement of its patent relating to the formulation of the drug omeprazole. Apotex argued invalidity and

Application for an order of prohibition is dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

The Court found that Teva’s allegation of obviousness was justified. As a result, the application was dismissed

Although moot, Minister of Health is found to be wrong to issue NOCs to generic companies without first requiring them to serve a notice of allegation

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

Actelion has persuaded the Court to quash the NOCs provided to two generic companies after they were awarded by the Minster of Health. However, the

Motion for particulars in action under section 8 denied as not necessary

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 1 2015

Pfizer brought a motion in an action brought pursuant to section 8 of the Patented Medicines(Notice of Compliance) Regulations seeking to strike

Motion for reply evidence granted in part

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 1 2015

This is an appeal from the decision of a Prothonotary, denying leave to file reply evidence in a proceeding pursuant to the Patented Medicines

Application for an order of prohibition dismissed for formulation patent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 18 2015

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was