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Good Tactics or Bad Faith: The Divisive Issue of Sandbagging in M&A
  • Borden Ladner Gervais LLP
  • Canada, USA
  • January 19 2017

There are few issues in a private M&A transaction as potentially divisive as the treatment of "sandbagging" in the purchase agreement. "Sandbagging"


Successful Defendant Awarded Costs Elevated by 50 for Most Issues and on Solicitor-and-Client Basis for Withdrawn Punitive Damages Claim
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In this infringement action, the Court held the patent at issue valid and not infringed. The Court noted that there were unusual developments over the


Industry Updates - Intellectual Property Weekly Abstracts - Week of January 16, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In January 2017, sections 17.07 and 17.08 in chapter 17 of the Manual of Patent Office Practice (MOPOP) were revised to reflect antibody practice. A


Supreme Court Updates - Intellectual Property Weekly Abstracts - Week of January 16, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Supreme Court of Canada announced that judgment in this application for leave to appeal will be delivered on Thursday, January 19, 2017. The


Dismissed Motion for Interlocutory Injunction Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

This was an appeal against Justice Manson's unreported decision in 2016 FC 606, dismissing TearLab's motion for an interlocutory injunction to prevent


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


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


A New Compulsory Insurance Scheme for Vessels Carrying Passengers
  • Borden Ladner Gervais LLP
  • Canada
  • January 17 2017

Right before the holidays, on December 24, 2016, the Government of Canada gave notice under Part 1 of the Canada Gazette of new proposed regulations


Alberta Investor Tax Credit Opens for Business
  • Borden Ladner Gervais LLP
  • Canada
  • January 16 2017

On December 15, 2016, the Government of Alberta ("Government") released guidelines providing details of the Alberta Investor Tax Credit ("AITC"


Koh v Ellipsiz Communications Ltd: The "Personal Grievance" Exception under the OBCA
  • Borden Ladner Gervais LLP
  • Canada
  • January 13 2017

In Koh v Ellipsiz Communications Ltd, the Ontario Superior Court of Justice ("OSCJ") denied an application for a declaration brought by Tat Lee Koh