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Results: 1-10 of 179

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

Patent held invalid for not meeting promise of improved therapeutic profile

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 10 2014

Apotex was successful in the previous NOC Proceeding. It came to market with an esomeprazole product. AstraZeneca sued for patent infringement and

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

Patent not eligible for listing: patent claiming one medicinal ingredient,but directed to a fixed-dose combination of medicines

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 15 2014

This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed

Section 8 damages awarded and quantified

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 28 2012

In this quantification of s. 8 damages owed to Apotex by Sanofi, the Court first summarized the history of all the Notice of Compliance (NOC) proceedings that lead to this case pursuant to section 8 of the NOC Regulations

Appeal with respect to utility dismissed

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

This was an appeal by Lilly of a decision of the Federal Court finding Lilly’s patent invalid for lack of utility

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

Ontario Court dismisses generic claims for unjust enrichment in s. 8 proceeding

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 30 2013

Apotex sued Abbott and Takeda for damages pursuant to s. 8 of the NOC Regulations. As part of the claim, Apotex claimed disgorgement of profits

Pleadings for disgorgement of profits and for an accounting of profits in s.8 damages not struck in Ontario court

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 1 2012

In this case, Apotex has claimed damages in Ontario Court pursuant to, inter alia, section 8 of the NOC Regulations. Lilly brought a motion to strike out parts of Apotex’ statement of claim

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