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Results: 1-10 of 206

Antibody patent found valid and infringed

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

The Court recently decided a patent infringement case dealing with antibodies. The claims at issue in AbbVie’s patent relate to the use of a human

Leave to amend Statement of Defence denied

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 18 2011

Shire brought a motion seeking leave to amend its Statement of Defence to add a new defence of infringement as well as a defence of failure to mitigate

Supreme Court of Canada denies leave to appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 3 2011

The Supreme Court of Canada refused leave in Teva Canada Limited v. Sanofi-Aventis Canada Inc. and Sanofi-Aventis Deutschland GmbH (Case No.34325

Intellectual property weekly abstracts bulletin

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2013

In November, the Supreme Court issued its decision in the sildenafil case, and, as part of its order, found the patent to be invalid. As this case was

PMPRB not found to have jurisdiction over two generic companies in separate decisions

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 2 2014

In the first of two similar decisions, the Federal Court has found that Sandoz Canada is not under the jurisdiction of the PMPRB because Sandoz does

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

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

Court of Appeal refuses to reinstate patent when fees paid by someone other than the authorized agent

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 24 2011

This is an appeal of a judgment dismissing an application for a judicial review of a decision of the Commissioner of Patents

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

Only authorized correspondent can pay maintenance fees for application

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 14 2011

The Judge found that the acceptance of maintenance fees paid within the grace period by someone other than the authorized correspondent reinstated a lapsed patent application, but the subsequent reimbursement of those fees nullified the reinstatement