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Contempt award takes into account both prior conduct and conduct after the order
  • Borden Ladner Gervais LLP
  • Canada
  • August 11 2015

In this case, Trans-High had previously been successful in a trademark infringement action (Decision here; summary here). Hightimes had been enjoined


Registrar's decision of failure to establish use of trademark upheld by Court
  • Borden Ladner Gervais LLP
  • Canada
  • August 11 2015

This is an appeal of a decision of the Registrar of Trademarks (Registrar) finding that the applicant failed to establish use of the trade mark “THE


Court holds on appeal that it was reasonable to find use of the challenged marks
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

Cameron has unsuccessfully appealed from the TMOB where the Officer maintained in part registrations for HALDEX and HALDEX & DESIGN. Cameron had


Asserting the same patent but different claims in NOC litigation is found to be an abuse of process
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

Apotex has struck Gilead's Notice of Application as it relates to a patent that had previously been found to be invalid in an earlier NOC proceeding


Infringement suit for SCOTT dismissed due to lack of evidence of confusion and no loss of goodwill
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

The Federal Court has dismissed the Plaintiff's claims for infringement and passing off pursuant to Sections 7(b), 7(c), 19, 20 and 22 of the


Appeal dismissed; patent claims upheld as invalid due to obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court of Appeal (FCA) dismissed an appeal from a trial decision finding the claims at issue in a patent infringement case to be invalid


Appeal from motion to compel answers arising from discovery dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

The appellants (Hospira) brought a motion to compel answers to 354 questions refused or taken under advisement at the discovery of the Respondents


Decision to dismiss motion to strike portions of statement of defence and counterclaim upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

A Prothonotary dismissed a motion by Teva Canada Limited (Teva) to strike certain paragraphs in the statement of defence and counterclaim by the


Supreme Court Leave Applications
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2016

The Supreme Court has indicated that on Thursday, April 7, 2016 it will issue its decision on whether Pfizer should be granted leave to appeal in a


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