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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

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

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

The Court grants an innovator standing and the right to be made a party in a judicial Review of the Minister’s Decision relating to the application of the data protection regime

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

This was a motion that raised the issue of an innovator’s standing and right to be made a party to a judicial review of the Minister of Health’s

Court of Appeal upholds decision awarding Section 8 compensation where sales related to “unauthorized indications” Sanofi-Aventis Canada Inc. v. Teva Canada limited, 2014 FCA 69

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 24 2014

Drug: ramipril This was an appeal by Sanofi-Aventis Canada Inc. and Sanofi-Aventis Deutschland GmbH (collectively "Sanofi") from a judgment of the