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Results: 1-10 of 376

Damages portion of trial determined
  • Borden Ladner Gervais LLP
  • Canada
  • July 20 2015

This decision relates to the remedy portion of an infringement action in which the Plaintiffs were successful. That decision was upheld on appeal


Application for an order of prohibition dismissed for formulation patent
  • Borden Ladner Gervais LLP
  • Canada
  • March 18 2015

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was


Formulation patent allegations of non-infringement, obviousness and lack of utility justified
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at


Appeal in NOC Proceeding dismissed as moot
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of


S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld


Claims under the statutes of monopolies and the "basket clause" struck in section 8 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court. In the


Pleadings amendment re s. 53 allowed trial judge to determine materiality of inventors names
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

Idenix brought a motion to amend its pleadings. The Prothonotary granted leave to make certain amendments, however denied leave to make certain


Court grants order adding inventor
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

The Applicant, Dr. Falk Pharma GMBH sought an order pursuant to s. 52 of the Patent Act to vary inventorship on a patent. The Application was


Late pleadings amendments allowed, but with solicitor and client costs on the merits of addressing them
  • Borden Ladner Gervais LLP
  • Canada
  • August 11 2015

Bombardier brought a motion for leave to amend its Statement of Defence and Counterclaim to expand the list of prior art and include a new ground of


Appeal of prohibition order dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • October 21 2013

The Federal Court issued an order prohibiting Teva from entering the market with its version of zoledronic acid until the expiration of two patents