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Results: 1-10 of 160

Finding of non-infringement upheld on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 9 2015

The Court of Appeal dismissed an appeal of a decision of the Court in a NOC proceeding finding that an allegation of non-infringement was justified

Costs awarded on substantial indemnity basis for summary judgment motion

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 28 2013

Abbott and Takeda had previously been successful in a motion for partial summary judgment dismissing Apotex’ claims for disgorgment of profits based

Court of Appeal upholds decision relating to sildenafil use patent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 27 2014

Pfizer Ireland Pharmaceuticals v. Apotex Inc., 2014 FCA 13 Drug: VIAGRA sildenafil In Apotex' action for impeachment of the Pfizer patent

Appeal in NOC Proceeding dismissed as moot

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 9 2015

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of

Failure to produce evidence of development leads to adverse inference on obviousness

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 9 2014

These proceedings, brought pursuant to the NOC Regulations, dealt with two patents. One set of reasons was issued. The application was granted in

Pleadings for disgorgement of profits and for an accounting of profits in s.8 damages not struck in Ontario court

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 1 2012

In this case, Apotex has claimed damages in Ontario Court pursuant to, inter alia, section 8 of the NOC Regulations. Lilly brought a motion to strike out parts of Apotex’ statement of claim

Divergence of opinion on the patentability of isolated DNA

  • Borden Ladner Gervais LLP
  • -
  • Australia, USA
  • -
  • July 8 2013

Australia's Federal Court held in Cancer Voices Australia v Myriad Genetics Inc, 2013 FCA 65, that a valid patent may be granted, under the

Court of Appeal strikes paragraphs relating to issue estoppel and abuse of process from statement of defence

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

The Court of Appeal heard an appeal from the Motions Judge where the majority of impugned paragraphs in the Statement of Defence were allowed to stand

Appeal dismissed for mootness

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 4 2011

The intervener, the Canadian Generic Pharmaceutical Association (CGPA), brought a motion to dismiss the appeal by Epicept on the basis of mootness

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