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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

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

Intellectual property weekly abstracts bulletin

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 1 2013

The Court granted a Prohibition Order to AstraZeneca, preventing Ranbaxy from entering the market with a generic version of ompeprazole until the

Industry news

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

Health Canada has opened a Consultation regarding Plain Language Labelling. It is open until September 2, 2014. Health Canada has opened a

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

The Federal Court finds two generic company's allegations to be unjustified

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

Two PM(NOC) decisions relating to the same patent were recently released by the Federal Court. In both cases, the applications were allowed

Antibody patent found valid and infringed

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

The Court recently decided a patent infringement case dealing with antibodies. The claims at issue in AbbVie’s patent relate to the use of a human

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

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

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