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Results: 1-10 of 405

Court of Appeal Dismisses Appeal for Different Reasons and Provides Review of the Obvious to Try Test
  • Borden Ladner Gervais LLP
  • Canada
  • April 19 2017

The Court of Appeal dismissed Bristol-Myers Squibb's appeal from the Trial Judge's decision refusing its application for a writ of prohibition on the


Court of Appeal Grants Appeal as it Relates to Duty to Mitigate
  • Borden Ladner Gervais LLP
  • Canada
  • April 19 2017

In this decision, the Court of Appeal was considering an appeal by Apotex of various findings of the Court relating to its action seeking damages from


Apotex Granted Leave to Expand Scope of Evidence Available to Prove its NIA Plea
  • Borden Ladner Gervais LLP
  • Canada
  • April 12 2017

In this recently reported decision, the Court granted Apotex leave to deliver Fresh as Amended Responding Statement of Issues for the reference into


Order of prohibition dismissed in respect of two patents listed against dasatinib
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2017

The Court dismissed Bristol Myers Squibb's application for an order prohibiting the Minister from issuing an NOC to Apotex for its generic version of


Court provides method for assessing quantum of Teva's section 8 damages
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2017

In this case, the parties had asked the Court for specific rulings and guidance in calculating Teva's section 8 damages. The parties were in agreement


NOC Application and Impeachment Action Consolidated
  • Borden Ladner Gervais LLP
  • Canada
  • March 29 2017

Apotex served an NOA alleging non-infringement and invalidity. Shire filed an application for a prohibition order. Apotex then started an action to


Motion to amend protective order for purposes of new litigation refused
  • Borden Ladner Gervais LLP
  • Canada
  • March 29 2017

In this motion, Novartis sought to amend a protective order that was issued on consent in the context of an application proceeding. The amendment


Prohibition Order Upheld, Appeal re Sound Prediction and Sufficiency Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • March 22 2017

Teva appealed a decision of the Federal Court ("FC") granting Leo a prohibition order in respect of their psoriasis drug (Decision here; our summary


Summary Judgment Motion in S. 8 Case Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2017

In this case, Abbott and Takeda brought a summary judgment motion as against Apotex, to dismiss the s. 8 proceeding in its entirety. As a preliminary


Patents Relating to Snowmobiles Infringed but Invalid for Insufficiency
  • Borden Ladner Gervais LLP
  • Canada
  • March 8 2017

In an action for patent infringement, the Court considered the infringement and validity of four patents, as well as remedies. The Court reviewed the