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Motion to set aside prohibition order because of impeachment action dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • July 18 2011

In 2006, the Federal Court of Appeal allowed an appeal from a decision of the Federal Court and issued an Order of prohibition (prohibition Order) preventing the Minister of Health from issuing a Notice of Compliance until expiry of the patent


Leave to intervene denied on the basis of no additional insight and delay
  • Borden Ladner Gervais LLP
  • Canada
  • June 17 2015

This was a motion by Canada’s Research-Based Pharmaceutical Companies (Rx&D) for leave to intervene in the appeal of a decision relating to


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


Patent not eligible for listing: patent claiming one medicinal ingredient,but directed to a fixed-dose combination of medicines
  • Borden Ladner Gervais LLP
  • Canada
  • October 15 2014

This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed


Court of Appeal upholds decision relating to sildenafil use patent
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2014

Pfizer Ireland Pharmaceuticals v. Apotex Inc., 2014 FCA 13 Drug: VIAGRA sildenafil In Apotex' action for impeachment of the Pfizer patent


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


Order of prohibition overturned on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by


Judicial review brought outside time period and no vested right to NOC
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2013

This decision relates to the consideration by the Minister of Health of Apotex’ submission for a Notice of Compliance (NOC) for omeprazole magnesium


Definition of “innovative drug” does not include variations
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2013

This is an appeal by Takeda of a decision of the Court, in which the Court upheld the decision of the Minister of Health to refuse to list Takeda’s


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