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Results: 1-10 of 336

Application for Prohibition Granted for Generic Version of Concerta
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Court granted Janssen's application prohibiting the Minister of Health from issuing an NOC to Actavis for its generic version of Concerta. The


Supreme Court Updates - Intellectual Property Weekly Abstracts - Week of January 16, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Supreme Court of Canada announced that judgment in this application for leave to appeal will be delivered on Thursday, January 19, 2017. The


Patent Validity and Infringement Upheld on Appeal; Limitation Period in Patent Act not Necessarily Applicable to Old Act Patents
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In this case, the FCA considered an appeal and cross-appeal of a decision relating to omeprazole. The trial decision can be found here (2015 FC 322


Dismissed Motion for Interlocutory Injunction Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

This was an appeal against Justice Manson's unreported decision in 2016 FC 606, dismissing TearLab's motion for an interlocutory injunction to prevent


Industry Updates - Intellectual Property Weekly Abstracts - Week of January 16, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In January 2017, sections 17.07 and 17.08 in chapter 17 of the Manual of Patent Office Practice (MOPOP) were revised to reflect antibody practice. A


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


Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a


Leave to appeal dismissed where, inter alia, "conflicting" decisions regarding the issues in play were not from Ontario
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex


Allegations as to non-infringement of Form I held to be justified
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2014

Teva asserted both non-infringement and invalidity in its Notice of Allegation. The Court noted that invalidity of this patent had been before it


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