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Results: 1-10 of 149

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

Court bifurcates determination of Start Date for section 8 action

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

This is an action commenced pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations. Pfizer counterclaimed against Apotex

Court of Appeal considers comity as it applies to NOC proceedings

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

Apotex v

Teva Canada Innovation v. Attorney General of Canada

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 8 2013

The Patented Medicine Prices Review Board (the PMPRB) ordered Teva to pay the Crown approximately $2.4 million for selling its product at an

Order of prohibition overturned on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by

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

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

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