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Results: 1-10 of 180

S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld

Patent refused listing on the Patent Register

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 30 2012

The Federal Court dismissed a judicial review of a decision of the Minister of Health refusing to list a patent on the Patent Register

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

NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 13 2013

In this case, one claim of a patent was at issue in the proceeding. The claim related to the use of pregabalin or its racemate to treat pain. 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

No vested interest in NOC while on patent hold

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 28 2011

Apotex brought a judicial review application, challenging three decisions made by the Minister of Health (Minister) with respect to Apotex’ submission for approval of its Apo-omeprazole product

Court of Appeal dismisses appeal of judicial review of the minister’s decision refusing to issue notice of compliance

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

Apotex filed an ANDS seeking a Notice of Compliance (NOC) for its Apo-ASA product

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

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

Supreme Court of Canada considers patent sufficiency requirements

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 8 2012

The Supreme Court issued its decision today in the much-anticipated patent case involving VIAGRA sildenafil