We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 302

Court orders Health Canada to issue a Product Licence Application for a Natural Health Product
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2016

The Plaintiff Winning Combination sought a Product Licence Application (PLA) for its natural health product RESOLVE, a smoking cessation aid. The


The Federal Court of Appeal determines the incorrect date to assess obviousness-type double patenting, but leaves the determination of the correct date for another day
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2016

The Federal Court of Appeal has upheld an earlier decision (2015 FC 17) prohibiting Mylan from obtaining its Notice of Compliance until after the


Court of Appeal considers comity as it applies to NOC proceedings
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2012

Apotex v


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


Supreme Court Leaves to Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

The Supreme Court has dismissed Pfizer's leave to appeal in Pfizer Canada Inc., et al. v. Teva Canada Limited (36772). The Supreme Court has provided


Patent held to not be infringed based on the construction of the claims
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA to Shire alleging its patent was invalid and will not be infringed by Apotex. The issues were narrowed for the hearing, where


Witness' Evidence Given Less Weight because not Blinded to Patent or Issues; NOC Proceeding Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA in respect of a single patent, alleging obviousness and lack of utility. The Court held that allegation was justified. In


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


Court dismisses NOC proceeding for mootness when NOA withdrawn
  • Borden Ladner Gervais LLP
  • Canada
  • January 30 2013

Lilly brought an application for prohibition pursuant to the Patented Medicines (Notice of Compliance) Regulations. Subsequently, Teva established to


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