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Order of Mandamus requiring Health Canada to issue a Product Licence Application is overturned on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • May 24 2017

The Federal Court of Appeal has overturned an earlier decision of the Federal Court (see 2016 FC 381, our summary here) relating to the non-issuance


Court dismisses motion for Confidentiality Order
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2017

The Court dismissed Teva's motion for a confidentiality order. The underlying proceeding is an action by Teva to recover from Janssen and others


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


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


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


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


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


Class action certification against Pfizer for an allegation of unlawful abuse of the patent system is overturned
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

The British Columbia Court of Appeal has overturned the certification of a class action relating to the drug Viagra, dismissing the action. The


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


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