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Results: 1-10 of 118

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

Court finds allegations in NOA to be unjustified, however dismisses application for prohibition on basis of mootness

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 18 2010

In this proceeding under the NOC Regulations, the Court found all of Apotex’ allegations to be unjustified

Pfizer Canada Inc. v. Novopharm, The Minister of Health, Northwestern University and the Board of Regents for the University of Oklahoma

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 5 2010

In a proceeding pursuant to the Patented Medicines (Notice of Compliance) Regulations, Novopharm brought a motion seeking a Protective Order that allowed the designation of Novopharm's Notice of Allegation (NOA) as confidential

Patent application claiming method for making antibodies allowed in part

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 28 2012

The patent application was rejected by the Examiner on the basis that the claims are broader than the teaching of the description, contrary to section 84 of the Patent Rules and section 27(3) of the Patent Act

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

Appeal of motion to compel answers dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 4 2012

This is an appeal by Sanofi of a decision of the Prothonotary relating to compelling answers on discovery

The Court of Appeal upholds findings of infringement

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

The Federal Court of Appeal (FCA) dismissed the appeal of a judgment finding that Apotex and Apotex Fermentation had infringed Merck’s patent for lovastatin

Leave denied by Supreme Court of Canada in pharmaceutical case

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 12 2011

Leave by the Supreme Court of Canada (SCC) was denied in respect of the decision by the Federal Court of Appeal

Other IP industry news of note

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

The amendments to the Federal Court Rules regarding expert witnesses have been published into law (starting at pg 1547

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