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Results: 1-10 of 176

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

Merck-Frosst Schering Pharma GP v. Teva Canada

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • September 29 2010

The Federal Court granted a prohibition order, holding that Teva's allegation that the patent at issue was obvious was not justified

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

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

Failure to produce evidence of development leads to adverse inference on obviousness

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

These proceedings, brought pursuant to the NOC Regulations, dealt with two patents. One set of reasons was issued. The application was granted in

Principles of comity should not override fairness

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 26 2014

Cobalt brought a motion pursuant to s. 6(5) of the NOC Regulations, to dismiss the proceeding as an abuse of process. The Court dismissed the motion

Court of Appeal strikes paragraphs relating to issue estoppel and abuse of process from statement of defence

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

The Court of Appeal heard an appeal from the Motions Judge where the majority of impugned paragraphs in the Statement of Defence were allowed to stand

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

Causes of action found against Pfizer for a BC class-action certification based on the VIAGRA patent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 14 2014

Pfizer had a Canadian patent for VIAGRA that was found to not comply with the disclosure requirement by the Supreme Court in an earlier PM(NOC

Other industry news

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 27 2010

The Government has published amendments to the Patented Medicines (Notice of Compliance) Regulations