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Results: 1-10 of 290

Claim construction is to be reviewed on a correctness standard, but the appreciation of expert evidence on construction is to be reviewed on a palpable and overriding standard
  • Borden Ladner Gervais LLP
  • Canada
  • August 26 2015

ABB has appealed two earlier judgments of the Federal Court: first, ABB's loss on the merits of a patent infringement action and the declaration that


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


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


Pfizer Canada v. Genpharm ULC and Mylan Pharmaceuticals et al
  • Borden Ladner Gervais LLP
  • Canada
  • July 5 2010

This is a motion brought in the context of a proceeding under the Patented Medicines (Notice of Compliance) Regulations (Regulations) pursuant to Section 6(5)(b) of the Regulations


Purdue Pharma v. Canada (Minister of Health)
  • Borden Ladner Gervais LLP
  • Canada
  • July 26 2010

The Court dismissed an application for judicial review of the Minister of Health's decision refusing to list a patent on the Patent Register


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


Patent Appeal Board has jurisdiction to consider new defects introduced by the applicants amendments made in response to a final action
  • Borden Ladner Gervais LLP
  • Canada
  • March 26 2012

The application relates to a dual balloon catheter


Prohibition order upheld on appeal allegation as to inutility not justified
  • Borden Ladner Gervais LLP
  • Canada
  • April 23 2012

The Court of Appeal (FCA) upheld the Prohibition Order granted by the Federal Court


Statement of Claim struck for deficient pleading of infringement
  • Borden Ladner Gervais LLP
  • Canada
  • November 10 2011

The Defendant appealed an Order of a Prothonotary, allowing an amendment of a Statement of Claim


Merck leave to appeal to SCC dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • June 18 2012

The Supreme Court of Canada dismissed Merck’s application for leave to appeal, with costs to Apotex