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Results: 1-10 of 343

Solicitors for the defendants are not removed as counsel even though the plaintiffs had contacted them about representation years prior
  • Borden Ladner Gervais LLP
  • Canada
  • July 14 2016

The Federal Court has upheld a decision to not remove counsel as solicitors of record for the defendants. The plaintiffs had argued that when they


Order of Prohibition Granted in respect of Compound Patent but Refused in respect of Patent Relating to Salt
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2016

This is an application under the Patented Medicines (Notice of Compliance) Regulations related to two patents. The first patent (the '840 Patent


Prothonotary's Dismissal of a PM(NOC) application pursuant to s. 6(5)(b) upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2016

Celltrion brought a motion pursuant to s. 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulation (the NOC Regulations) to have the


Court awards damages for patent infringement in second part of a bifurcated decision
  • Borden Ladner Gervais LLP
  • Canada
  • June 30 2016

Court awards damages for patent infringement in second part of a bifurcated decision Janssen Inc. v. Teva Canada Limited, 2016 FC 593 Drug:


Court disallows pleading amendments that are found to have no reasonable prospect of success
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

Teva has lost both of its appeals seeking to amend its pleading to add in a claim that the patent at issue had been fraudulently obtained by


Pleadings amendments are allowed to particularize what a party would have done in the "but for" world
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

This is an action where Apotex has claimed section 8 damages against AstraZeneca. The Court had previously ruled on a motion to determine objections


Hearsay statements regarding the generic's ability to supply in the "but for" world should have been excluded
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

A Judge of the Federal Court had previously awarded Teva section 8 damages under the PM(NOC) Regulations. The Court provided the key findings of fact


Ontario Superior Court again refuses to strike claims pursuant to the Statute of Monopolies and the Trade-marks Act
  • Borden Ladner Gervais LLP
  • Canada, USA
  • June 15 2016

The defendant corporations sought to strike Apotex's claims to: Treble damages pursuant to s 4 of An Act concerning Monopolies and Dispensation with


Application for prohibition is struck on motion after the Court construes the patent and finds no infringement
  • Borden Ladner Gervais LLP
  • Canada, USA
  • June 15 2016

Celltrion has successfully struck a prohibition application brought by Janssen after Celltrion sought to add indications to its already approved drug


Supreme Court Leaves to Appeal - June 15, 2016
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

The Supreme Court has dismissed Britton Low's appeal from a decision of the Court of Appeal for British Columbia (2015 BCCA 506). We had previously