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Final injunction permits existing patients to continue to receive infringing medicine

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

This decision relates to the crafting of a final injunction for the sale of STELARA following a finding of infringement. In an earlier trial decision

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

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

Reply affidavits allowed when new documents introduced in responding evidence

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

In this case, there is a partial reversal of evidence. Apotex brought a motion for leave to file reply evidence. Allergan did not oppose parts of the

Ontario’s ban on private label drugs withstands challenge

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 27 2013

A challenge to Ontario's legislation that was enacted with the aim to bring down the price of generic drugs has failed. The ban on the sale of

Intellectual property weekly abstract bulletin

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 2 2013

The Federal Court of Appeal (FCA) recently upheld the decision of the Trial Judge, holding that one claim of the patent at issue was valid and

Supreme Court of Canada confirms Patented Medicine Prices Review Board interpretation of the term “sold in any market in Canada” and underlines the consumer protection purposes of the board’s role

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 21 2011

On January 20th the Supreme Court of Canada issued a decision which confirms the role of the Patented Medicine Prices Review Board (PMPRB) and the consumer protection purposes of ss

Motion to set aside prohibition order because of impeachment action dismissed

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

In 2006, the Federal Court of Appeal allowed an appeal from a decision of the Federal Court and issued an Order of prohibition (prohibition Order) preventing the Minister of Health from issuing a Notice of Compliance until expiry of the patent

Order of prohibition overturned on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by

The Court of Appeal sends s.8 case back to trial judge for redetermination

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 26 2012

The Federal Court of Appeal (FCA) has granted Apotex’ appeal and sent a case considering s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the Regulations) back to the Trial Judge for redetermination