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Results: 1-10 of 302

Motion for Interim Injunction Dismissed for Failing to Establish Irreparable Harm
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

TearLab brought a motion for an interim injunction, with the hearing for an interlocutory injunction being scheduled in late April or May. TearLab is


Compound patent held to be not soundly predicted for the level of promised utility found by the Court
  • Borden Ladner Gervais LLP
  • Canada
  • February 24 2016

The Federal Court has dismissed an application for prohibition concerning the drug ALIMTA. Although the parties joined issue on a significant number


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


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


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


Supreme Court Upcoming Leave to Appeal Decisions
  • Borden Ladner Gervais LLP
  • Canada
  • March 9 2016

The Supreme Court will announce the result of a leave application which asks the correct applicable standard for patent utility in Canada and whether


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


Motion for particulars in action under section 8 denied as not necessary
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

Pfizer brought a motion in an action brought pursuant to section 8 of the Patented Medicines(Notice of Compliance) Regulations seeking to strike


Appeal of the re-examination board’s decision dismissed: three claims rejected
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

This was an appeal of a decision of a Re-Examination Board cancelling three claims of Newco Tank Corp.’s (“Newco”) Canadian Patent No. 2,421,384 (the


Court of Appeal upholds decision awarding Section 8 compensation where sales related to “unauthorized indications” Sanofi-Aventis Canada Inc. v. Teva Canada limited, 2014 FCA 69
  • Borden Ladner Gervais LLP
  • Canada
  • March 24 2014

Drug: ramipril This was an appeal by Sanofi-Aventis Canada Inc. and Sanofi-Aventis Deutschland GmbH (collectively "Sanofi") from a judgment of the