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Results: 1-10 of 327

Minister’s decision to grant NOA to generic company set aside, as the generic did not comply with the NOC regulations

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 19 2015

In this proceeding, Pfizer sought to judicially review the Minister of Health’s decision to grant Teva a NOC for exemestane. A company called GMP

Court refused to grant protective order covering NOA

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 19 2015

In the context of a proceeding brought pursuant to the NOC Regulations, Mylan sought a confidentiality that would allow it to designate portions of

Court finds claims do not cover method of medical treatment, orders that they issue

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 19 2015

In this decision, AbbVie brought a judicial review of a decision of the Commissioner of Patents refusing to issue its patent. The issue was whether

Bill C-43 signals forthcoming changes to the Canadian Patent Act

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 5 2015

On December 16, 2014, Bill C-43 received Royal Assent. The legislation includes amendments to the Canadian Patent Act that will eventually usher in

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

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