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Results: 1-10 of 155

Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a

Ramipril section 8 appeal dismissed from the bench by the Supreme Court of Canada

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 22 2015

On Monday, April 20, 2015, the Supreme Court of Canada heard the appeal of 2014 FCA 68, relating to the issue of damages under section 8 of the

Court enforces a settlement agreement even though one party denied such an agreement existed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a

Patent found valid and infringed even if the method of infringement was not in the minds of the inventors

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

AstraZeneca sued Apotex for infringement of its patent relating to the formulation of the drug omeprazole. Apotex argued invalidity and

Statements in a generic’s Product Monograph were not found to amount to an inducement to infringe

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

The Court has allowed a motion to strike portions of an application pursuant to Paragraph 6(5)(b) of the PM(NOC) Regulations. The generic respondent

Although moot, Minister of Health is found to be wrong to issue NOCs to generic companies without first requiring them to serve a notice of allegation

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

Actelion has persuaded the Court to quash the NOCs provided to two generic companies after they were awarded by the Minster of Health. However, the

Teva Canada Limited v. sanofi-aventis Canada Inc.

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 16 2011

This was an appeal of the decision of the Judge, upholding the decision of the Prothonotary, to strike out Teva's claim to permanent loss of market share in an action brought pursuant to section 8 of the NOC Regulations

Application for an order of prohibition is dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 13 2015

The Court found that Teva’s allegation of obviousness was justified. As a result, the application was dismissed

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

Court grants motion to reopen trial and admit new evidence

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 27 2011

The Federal Court granted leave to reopen the trial and admit new evidence in a matter under reserve, in which no reasons or judgement have issued