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Results: 1-10 of 279

Issues of infringement of industrial design and validity of patents remitted to Court
  • Borden Ladner Gervais LLP
  • USA
  • May 18 2015

This is an appeal from a Judgment of the Court, dismissing the action, finding no infringement, and validity of one of the three patents. The Court


Motion for reply evidence granted in part
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

This is an appeal from the decision of a Prothonotary, denying leave to file reply evidence in a proceeding pursuant to the Patented Medicines


Court of Appeal raises issues of construction and medical treatment that should be considered by a higher court in future cases
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Both Bayer and Cobalt appealed from the Court’s judgment. Both appeals were addressed by the Court of Appeal in this decision. The Court of Appeal


Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). As part


Allegations of obviousness of three patents found justified
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

In a proceeding pursuant to the Patented Medicines (Notice of Compliance) Regulations, the Court was asked to consider three patents. Apotex alleged


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


Compliance with Order in the absence of stay renders appeal of Order moot
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

The Prothonotary ordered the production of certain documents, and the Court dismissed the appeal of this Order as moot. This is a further appeal. The


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


Failure to reply in good faith not basis to challenge issued patent
  • Borden Ladner Gervais LLP
  • Canada
  • July 25 2011

The Appellants appealed the findings of the Judge that the patent was valid and infringed


Patent found valid and infringed even if the method of infringement was not in the minds of the inventors
  • Borden Ladner Gervais LLP
  • Canada
  • April 13 2015

AstraZeneca sued Apotex for infringement of its patent relating to the formulation of the drug omeprazole. Apotex argued invalidity and