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Results: 1-10 of 647

Court holds appeal of opposition of withdrawn trademark application is moot
  • Borden Ladner Gervais LLP
  • Canada
  • July 20 2015

Engineers Canada appealed from a Trademarks Opposition Board (TMOB) decision refusing its opposition to the mark POLARTEC ECO-ENGINEERING DESIGN (the


Claim for damages based on the Statute of Monopolies survives a motion to strike
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

The Ontario Superior Court has refused to strike a claim for damages pursuant to the Statute of Monopolies . In finding the law is not yet settled


An example in a prior art patent inevitably anticipated the invention, even if it was not stated
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

In an NOC proceeding, Mylan has successfully alleged invalidity of Takeda's patent claiming the compound pantoprazole magnesium dihydrate. Mylan made


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


Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2015 FC 770
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

Novartis has obtained an order prohibiting the Minister from providing an NOC to Teva for EXJADE. At the hearing, the issues were narrowed by Teva


Statements in a generic’s Product Monograph were not found to amount to an inducement to infringe
  • Borden Ladner Gervais LLP
  • Canada
  • April 13 2015

The Court has allowed a motion to strike portions of an application pursuant to Paragraph 6(5)(b) of the PM(NOC) Regulations. The generic respondent


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


Astrazeneca Canada Inc. v. Apotex Inc., 2015 FC 671
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our


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


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