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Results: 1-10 of 318

Court of appeal upholds finding of infringement and only requires a "mere scintilla" of utility
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

The Federal Court of Appeal has dismissed Nova's appeal of an earlier finding that it had infringed Dow's patent relating to polyethylene used to make


Court of Appeal upholds construction of the promise distinguishing between the compounds and use claims
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

The Federal Court of Appeal dismissed an appeal from a decision prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for


Trial judge acknowledges stare decisis and comity in relation to findings from the previous NOC proceedings
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

This was a patent infringement action against Apotex and Cobalt, relating to a combination of drospirenone and ethinylestradiol for an effective oral


Court ordered third party discovery of supplier of API
  • Borden Ladner Gervais LLP
  • Canada
  • February 7 2011

The case concerns an action for damages pursuant to s.8 of the NOC Regulations and a counterclaim for damages for patent infringement


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


Pfizer’s blue diamond shaped pill not found to be distinctive
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

Pfizer’s application for the Viagra Tablet Design has been found to not be distinctive under s. 38(2)(d) of the Trade-marks Act, and therefore not


Patent is not found to be a selection patent, and thus was anticipated and obvious
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2015

The Federal Court has dismissed an application for prohibition to prevent the Minister of Health from issuing an NOC to Mylan for cinacalcet


Supreme Court Leaves to Intervene Granted
  • Borden Ladner Gervais LLP
  • Canada
  • August 31 2016

The Supreme Court has granted leave to intervene to the following: Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual


Gilead has successfully obtained a declaration of invalidity of a patent that it reasonably expected would be asserted against it
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2015

The Federal Court has allowed Gilead’s claim to invalidate Idenix's '191 patent on the grounds of insufficient disclosure and lack of demonstrated


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