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Results: 1-10 of 162

NOC proceedings

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

Pfizer appealed the costs portion of a decision of the case-management Prothonotary striking portions of its evidence on reply (Decision here

Method for assessing quantum of damages determined by court

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

In this case, the Court made key findings as to the method of determining quantum of s. 8 damages, and sent the parties away to determine the actual

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

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

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