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Results: 1-10 of 314

Court grants motion to reopen trial and admit new evidence
  • Borden Ladner Gervais LLP
  • Canada
  • April 27 2011

The Federal Court granted leave to reopen the trial and admit new evidence in a matter under reserve, in which no reasons or judgement have issued


Bifurcation of Infringement and Validity Issues in Section 8 Action
  • Borden Ladner Gervais LLP
  • Canada
  • August 10 2016

This is a motion for bifurcation in an action brought pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations


Court declares Minister's decision restricting importation of drugs from two of Apotex's drug manufacturing facilities in India unlawful
  • Borden Ladner Gervais LLP
  • Canada
  • August 24 2016

Apotex et al. Brought a judicial review (JR) of the Minister of Health's August 2015 decision that varied the terms and conditions of Apotex's Drug


Claims under Section 8 of the NOC Regulations and under Ashby v. White struck in Ontario Court
  • Borden Ladner Gervais LLP
  • Canada
  • August 24 2016

In the Ontario Court, Apotex claimed damages pursuant to, inter alia , section 8 of the NOC Regulations. Pfizer brought a motion to strike out parts


A finding of a settlement agreement is overturned because counsel did not have the authority to bind his client
  • Borden Ladner Gervais LLP
  • Canada
  • May 25 2016

The Federal Court of Appeal has overturned the earlier finding that Allergan and Apotex had settled their patent infringement litigation (2015 FC


Drug that is both a salt and an ester of an existing drug is not found to be eligible for data protection
  • Borden Ladner Gervais LLP
  • Canada
  • December 9 2015

The Federal Court has dismissed the judicial review of a decision by Health Canada denying data protection to the applicant for hexaminolevulinate


Astrazeneca Canada Inc. v. Apotex Inc., 2015 FC 671
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our


Fact-specific issues relevant to calculating section 8 damages are decided
  • Borden Ladner Gervais LLP
  • Canada
  • December 18 2013

This decision provides answers to certain issues that would allow the parties to calculate the loss under section 8 of thePM(NOC) Regulations that


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


BBM Canada v. Research in Motion Limited
  • Borden Ladner Gervais LLP
  • Canada
  • May 16 2011

This was an appeal from a decision that found a claim relating to trade-mark infringement, depreciation of goodwill and passing off may not be brought as an application in the Federal Court