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Results: 1-10 of 236

Hypothetical world when multiple s. 8 damages cases held not to reflect size of actual generic market

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 4 2014

In May, 2012, the Federal Court quantified damages owed to Apotex pursuant to s. 8 of the NOC Regulations (decision here, summary here). Similarly

Appeals dismissed from quantification of s. 8 damages

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 4 2014

As discussed above, in May 2012, the Federal Court quantified damages owed to Apotex and Teva pursuant to s. 8 of the NOC Regulations. (Teva decision

Appeal of the re-examination board’s decision dismissed: three claims rejected

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 4 2014

This was an appeal of a decision of a Re-Examination Board cancelling three claims of Newco Tank Corp.’s (“Newco”) Canadian Patent No. 2,421,384 (the

Appeal upholds dismissal of request to amend pleadings due to proximity to trial

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 4 2014

This case concerns an appeal of a motion to amend pleadings in the s. 8 case described above. The motion had originally been brought three months

Court of Appeal upholds decision to deny amendments to statement of defence in Section 8 proceeding Sanofi-Aventis Canada Inc. v. Teva Canada Limited, 2014 FCA 65

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 24 2014

This appeal was heard in the context of an action commenced by Teva Canada Limited (“Teva”) seeking compensation from Sanofi-Aventis Canada Inc. and

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

Appeal relating to admissibility of and weight given to expert evidence dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 12 2014

This is an appeal from a decision of the Court allowing Apotex to claim compensation pursuant to section 8 of the NOC Regulations. The quantum is to

Product specificity requirement trumps patent construction for listing

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 5 2014

Lilly sought to list Canadian Patent No. 2,379,329 on the patent register for their product TRIFEXIS. The Minister refused, stating that the patent

NOC application dismissed: overbreadth and lack of utility related

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 5 2014

In a proceeding brought pursuant to the NOC Regulations, the Court made determinations with respect to obviousness, lack of utility and lack of sound

Good news for antibody patent applications in Canada

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 27 2014

Patentees in the antibody arts in Canada have long been dogged by policy-based objections to claims that seek protection that is broader than the