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Results: 1-10 of 389

Dismissed Motion to Amend Statement of Claim Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • February 15 2017

The Court of Appeal upheld the Federal Court's decision denying leave to amend the Appellants' statement of claim in a patent infringement action. The


Allegations of Invalidity Found Justified on the Basis of Obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • February 15 2017

In this case, the Federal Court dismissed an application for an order of prohibition. The patent at issue claimed pharmaceutical formulations of


Factual Question on Non-Infringing Alternatives Remitted to Federal Court
  • Borden Ladner Gervais LLP
  • Canada
  • February 8 2017

Canadian Patent 1,341,196 (196 Patent), owned by ADIR, was found to be valid and infringed. This decision was affirmed by the Court of Appeal. Servier


Inducement to Induce Infringement Allegation Not Struck from Pleading
  • Borden Ladner Gervais LLP
  • Canada
  • February 8 2017

The Defendant, Selex, brought a motion to strike parts of the Statement of Claim. The motion was granted in part. The first category of pleadings


Non-Infringing Alternative not Found Where Manual Alternative Still Used in the Industry and the Invention Creates a Significant Improvement Over the Alternative
  • Borden Ladner Gervais LLP
  • Canada
  • February 8 2017

This decision concerned the validity andor infringement of a number of claims of the '567 Patent, which discloses an apparatus and method for


Court Dismisses Alexion's Appeals from Three Separate Orders
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2017

The Court dismissed Alexion's appeals concerning three separate Orders. The first appeal concerned Prothonotary Aalto's Order allowing the


Costs Awarded at the Higher End of Column IV, with Elevated Costs for Various Factors
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2017

In this decision on costs, the Court award costs calculated at the top of column IV of Tariff B to the Plaintiff for its successful impeachment action


Unparticularized Allegations Made Pursuant to S. 53 Struck Without Leave to Amend
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2017

In this case, Apotex started an action to impeach Shire's patent relating to lisdexamfetamine dimesylate. Shire brought a motion to strike portions of


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


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