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Results: 1-10 of 335

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


Causes of action found against Pfizer for a BC class-action certification based on the VIAGRA patent
  • Borden Ladner Gervais LLP
  • Canada
  • August 14 2014

Pfizer had a Canadian patent for VIAGRA that was found to not comply with the disclosure requirement by the Supreme Court in an earlier PM(NOC


Federal Court overturns Prothonotary’s order striking paragraphs from Defence
  • Borden Ladner Gervais LLP
  • Canada
  • October 7 2014

This was a motion appealing the order of a prothonotary in the context of a patent infringement case. In the order appealed from, the Prothonotary


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


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


Patent infringement action dismissed since no claims were both valid and infringed
  • Borden Ladner Gervais LLP
  • Canada
  • June 2 2014

This was a patent infringement action, relating to an invention that pertains to the general field of building construction. The Court conducted a


Claim to disgorgement of profits denied by Ontario Court of Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • September 18 2013

Apotex appealed in the Ontario Court of Appeal from a partial summary judgment that dismissed its unjust enrichment claim for the disgorgement of the


Section 8 damages claim allowed; infringement not proven
  • Borden Ladner Gervais LLP
  • Canada
  • September 18 2013

Apotex claimed damages from Pfizer pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). The hearing


Intellectual property weekly abstracts bulletin
  • Borden Ladner Gervais LLP
  • Canada
  • June 17 2013

Although the Court of Appeal had split 2-1, the Supreme Court refused Takeda's application for leave as well as the motion to intervene by Canada's


Order of prohibition overturned on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by