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Results: 1-10 of 268

Non-infringing alternative is relevant to damages, but not made out on facts
  • Borden Ladner Gervais LLP
  • Canada
  • August 5 2015

Merck was successful in a patent infringement action. A separate damages reference was held where the Judge awarded lost profits and a reasonable


Court upholds minister’s decision to exclude documents from an access to information request on the basis of solicitor-client privilege
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Office of the Information Commissioner of Canada (OICC) sought judicial review of the Minister of Health’s refusal to disclose information


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


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


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


Competition Bureau discontinues inquiry into alleged anti-competitive conduct by Alcon Canada Inc.
  • Borden Ladner Gervais LLP
  • Canada
  • May 30 2014

The Competition Bureau has discontinued its inquiry into whether Alcon Canada Inc. (Alcon) had engaged in anti-competitive conduct contrary to the


FCA finds patent should be listed on the patent register for combination drug
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

In this case, the FCA overturned the Federal Court Decision dismissing Eli Lilly’s application for judicial review of a decision of the Minister of


Federal Court grants prohibition order with respect to a use patent
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court considered and dismissed allegations relating to double patenting, insufficiency and lack of standing. The Court granted the


Court enforces a settlement agreement even though one party denied such an agreement existed
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a


Pharmacies not permitted to sell “private label” generic drugs
  • Borden Ladner Gervais LLP
  • Canada
  • January 4 2012

The Government of Ontario appealed from two Orders of the Divisional Court declaring that sections of provincial regulations banning pharmacies from selling “private label” generic drugs are ultra vires and of no force and effect