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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

Documents included in joint book for trial should be exhibits for appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 11 2012

The issue to be determined relates to the contents of the appeal books

Doctrine of bona fide purchaser for value without notice applies to patent rights

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 6 2012

This case involves a dispute over who owned certain patent rights

Claim to disgorgement of profits denied by Ontario Court of Appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • September 18 2013

Apotex appealed in the Ontario Court of Appeal from a partial summary judgment that dismissed its unjust enrichment claim for the disgorgement of the

Costs awarded on substantial indemnity basis for summary judgment motion

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 28 2013

Abbott and Takeda had previously been successful in a motion for partial summary judgment dismissing Apotex’ claims for disgorgment of profits based

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

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

Infringement and validity of automatic drilling system patent determined

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 9 2014

This is a patent infringement action. The patent in issue relates to an automatic drilling system. The Court first addressed and rejected the attacks

Failure to produce evidence of development leads to adverse inference on obviousness

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 9 2014

These proceedings, brought pursuant to the NOC Regulations, dealt with two patents. One set of reasons was issued. The application was granted in