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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


Summary judgment re Competition Act claim upheld
  • Borden Ladner Gervais LLP
  • Canada
  • February 27 2012

In this patent infringement action, the Federal Court of Appeal (FCA) upheld a decision of the Motions Judge granting summary judgment and dismissing the part of the Plantiff's claims alleging a breach of the Competition Act


Order of Prohibition granted for one patent due to insufficiency of NOA
  • Borden Ladner Gervais LLP
  • Canada
  • October 16 2012

This is a proceeding commenced under the Patented Medicines (Notice of Compliance) Regulations, seeking an order to prohibit the Minister of Health from issuing a notice of compliance to Mylan for efavirenz, an anti-retroviral drug used to treat HIV infection


Security for costs required before proceeding permitted to move forward
  • Borden Ladner Gervais LLP
  • Canada
  • May 21 2012

The Court ordered the Plaintiffs to pay security for costs in a patent infringement action, as the Plaintiffs ordinarily reside outside of Canada


Documents included in joint book for trial should be exhibits for appeal
  • Borden Ladner Gervais LLP
  • Canada
  • June 11 2012

The issue to be determined relates to the contents of the appeal books


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


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