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Teva Canada Innovation v. Attorney General of Canada

Borden Ladner Gervais LLP
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Canada
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May 8 2013

The Patented Medicine Prices Review Board (the PMPRB) ordered Teva to pay the Crown approximately $2.4 million for selling its product at an

Commissioner of Patents reverses examiner’s refusal to allow patent on basis of sound prediction and desired result arguments

Borden Ladner Gervais LLP
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Canada
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May 1 2013

The Application was rejected by the Examiner under section 2 of the Patent Act for containing claims for which the utility could not soundly be

Intellectual property weekly abstracts bulletin

Borden Ladner Gervais LLP
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Canada
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April 1 2013

The Court granted a Prohibition Order to AstraZeneca, preventing Ranbaxy from entering the market with a generic version of ompeprazole until the

NOC proceedings

Borden Ladner Gervais LLP
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Canada
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March 25 2013

The Federal Court found Teva’s allegations of invalidity were not justified for Novartis’ narrow compound patent, while the allegations against

Decisions in leave to appeal to the Supreme Court

Borden Ladner Gervais LLP
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Canada
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March 18 2013

The Supreme Court is releasing their judgment for two leave decisions this Thursday. The first, Gilead Science Canada Inc. v. Minister of Health

Patent found valid and infringed - accounting of profits awarded

Borden Ladner Gervais LLP
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Canada
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March 18 2013

Apotex sued for impeachment of Lundbeck’s patent. Lundbeck counterclaimed for infringement. The Court held that the patent was valid and infringed

Finding of "fair expectation of success" leads to finding of obviousness

Borden Ladner Gervais LLP
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Canada
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March 11 2013

Teva sent two Notices of Allegation, one in respect of 50mg tablets and the second in respect of 150, 200, 300 and 400mg tablets, which were addressed

Motion to strike pleading mostly denied, but granted in part

Borden Ladner Gervais LLP
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Canada
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February 27 2013

The Defendants brought a motion striking portions of the Statement of Claim under three different headings. Furthermore, particulars were sought. The

Compound patent found valid in face of allegations of lack of utilitysound prediction and insufficiency

Borden Ladner Gervais LLP
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Canada
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February 27 2013

Apotex and Novopharm started actions to impeach Novartis’ patent covering the compound imatinib, sold under the brand name GLEEVEC. They then sent

NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction

Borden Ladner Gervais LLP
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Canada
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February 13 2013

In this case, one claim of a patent was at issue in the proceeding. The claim related to the use of pregabalin or its racemate to treat pain. The

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Teva Canada Innovation v. Attorney General of Canada

Commissioner of Patents reverses examiner’s refusal to allow patent on basis of sound prediction and desired result arguments

Intellectual property weekly abstracts bulletin

NOC proceedings

Decisions in leave to appeal to the Supreme Court

Patent found valid and infringed - accounting of profits awarded

Finding of "fair expectation of success" leads to finding of obviousness

Motion to strike pleading mostly denied, but granted in part

Compound patent found valid in face of allegations of lack of utilitysound prediction and insufficiency

NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction

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