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Results: 1-10 of 413

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


Leave to appeal to SCC granted for a section 8 damages case
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this


Pleadings amendment to a damages reference not allowed found to be a collateral attack on the final judgment
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

Apotex moved to file an amended Responding Statement of Issues on a reference pursuant to Rule 153. According to the Court, Apotex wants to argue


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


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


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


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


Respondent’s evidence in PM(NOC) case not struck - found to be responsive and did not raise new allegations or facts
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

Shire has lost its appeal regarding the dismissal of its motion to strike certain affidavit evidence submitted by the respondent Cobalt in an


Supreme Court dismisses leave application relating to utility and sound prediction
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

The Supreme Court has dismissed Apotex’s leave to appeal a PM(NOC) decision (2014 FCA 250) that related to utility and sound prediction. The Supreme