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Results: 1-10 of 141

Patent Appeal Board has jurisdiction to consider new defects introduced by the applicants amendments made in response to a final action

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

The application relates to a dual balloon catheter

Application for prohibition allowed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 16 2011

The Court granted an order prohibiting Pharmascience from coming to market with its product before the expiry of the patent at issue; finding Pharmascience’s allegations of obviousness, insufficiency, utility, and a lack of sound prediction not justified. The only claim at issue claimed the compound rosiglitazone

Patent invalid for lack of sound prediction of utility - Eli Lilly v. Novopharm

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

This decision is the second by the Trial Judge in this matter

Error in construction of promise means appeal granted

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 31 2011

The Applications Judge granted an Order prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex

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

Astrazeneca v. Apotex

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 25 2010

The Court found the allegations of invalidity as to lack of sound prediction of utility and of obviousness justified and dismissed the application

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

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

Other industry news

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

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

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