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Results: 1-10 of 321

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

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

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

Leave to amend Statement of Defence denied

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 18 2011

Shire brought a motion seeking leave to amend its Statement of Defence to add a new defence of infringement as well as a defence of failure to mitigate

Decision to remove inventor from patent upheld on judicial review

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 12 2012

In this case, Mr. Bakash contended that he was wrongly removed as a named inventor on a patent

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 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

The Court of Appeal sends s.8 case back to trial judge for redetermination

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 26 2012

The Federal Court of Appeal (FCA) has granted Apotex’ appeal and sent a case considering s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the Regulations) back to the Trial Judge for redetermination