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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


Intellectual Property Weekly Abstracts Bulletin
  • Borden Ladner Gervais LLP
  • Canada
  • September 28 2016

In a patent infringement action, the defendant brought a motion relating to read-ins of portions of the Examinations for discovery. In particular, the


Patent Validity and Infringement Upheld on Appeal; Limitation Period in Patent Act not Necessarily Applicable to Old Act Patents
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In this case, the FCA considered an appeal and cross-appeal of a decision relating to omeprazole. The trial decision can be found here (2015 FC 322


Motion for default judgment denied without affidavit evidence
  • Borden Ladner Gervais LLP
  • Canada
  • October 28 2013

The Plaintiffs brought a motion for default judgment after no Statement of Defence was filed and no response to the Request to Admit was provided. The


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 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


Appeal relating to double patenting and sufficiency of tadalafil patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

The Federal Court of Appeal considered an appeal from Apotex relating to double patenting and insufficiency of a patent claiming the use of tadalafil


Amendments allowing a new defence of anticipation and issue estoppel are allowed in part
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2016

The Federal Court has allowed Apotex to amend its statement of defence to include a new anticipation claim and a new defence of issue estoppel and


Supreme Court Updates
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2016

The Federal Court has allowed Apotex to amend its statement of defence to include a new anticipation claim and a new defence of issue estoppel and


Court of Appeal grants stay of permanent injunction in infringement case
  • Borden Ladner Gervais LLP
  • Canada
  • March 28 2011

The Court of Appeal granted a stay of the Order of Justice Gauthier, where an injunction issued following a finding that the patent at issue was valid and infringed