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Results: 1-10 of 233

Motion to determine preliminary question of law dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 21 2012

Pfizer brought a motion to have the Court determine a question of law before or at the outset of the trial of the action

Motion to amend judgment in SCC decision relating to sildenafil filed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 21 2012

Teva Canada Ltd

Appeal of refusal to add parties at remedy stage dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 25 2012

The Court dismissed a motion for the joinder of parties at the remedy phase of an infringement action in which liability had been determined

Parties added to infringement counterclaim

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 25 2012

Apotex is claiming damages pursuant to s.8 of the Notice of Compliance Regulations in Ontario Court, and Abbott and Takeda allege that Apotex infringes certain claims for of two patents

Settled law that claim for losses outside liability period in s. 8 cannot succeed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 25 2012

A Prothonotary struck out portions of Teva’s Statement of Claim that claimed losses, damages and harm incurred outside the liability period as set out in section 8(1) of the NOC Regulations

Finding of non-infringement by variant upheld on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 25 2012

The Court held that Matrix did not infringe the claims of the patent in issue

Supreme Court denies Apotex leave to appeal; prohibition order stands

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 30 2014

The Supreme Court of Canada (SCC) denied Apotex leave to Appeal the decision of the Federal Court of Appeal (FCA) in a s. 8 case (decision here

Oder of prohibition issues no promise to treatment in humans or reduced side effects was found

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 30 2014

Pfizer’s Canadian Patent No. 2,177,576 for Celebrex has withstood Apotex’s allegations and was found to be valid; therefore the Minister is

Impeachment action in respect of expired patent allowed to continue

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 17 2012

Apotex commenced an impeachment action in respect of two patents. Warner-Lambert brought a motion seeking to dismiss the action as it related to one patent

Final amount for section 8 damages determined

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 12 2012

The Court had previously provided a judgment, resolving a number of matters in dispute between the parties with respect to the amount of compensation to be paid pursuant to s. 8 of the NOC Regulations (summary here